V 










ELECTION LAWS 


STATE OF ARIZONA 

(Chapter 89, Laws 1913, 3rd Special Session) 


1913 Revised Statutes 
As Amended 


/ b 


7 2 . 4 


19 16 


Compiled by 

CLARENCE L. STANDAGE 
Clerk, Board of Supervisors, Maricopa County 

Approved by 

CLYDE M. GANDY 
County Attorney, Maricopa County, 














































ELECTION 


LAWS 


STATE OF ARIZONA 

(Chapter 89, Laws 1913, 3rd Special Session) 


REVISED STATUTES 1913 AS AMENDED 



Compiled by 

CLARENCE L. STANDAGE 
Clerk, Board of Supervisors Maricopa County 

Approved by 

CLYDE M. GANDY 
County Attorney 








D. of D. 

MAY 29 1916 





I 4 



K 













TITLE XII 

CIVIL CODE, REVISED STATUTES ARIZONA, 1913 

AS AMENDED 


ELECTIONS 

(Chapter 89, Laws 1913—Third Special Session) 


Chapter: 

1. Time of Holding. 

2. General Provisions. 

3. Qualifications of Electors. 

4. Certificate of Registration. 

5. Election Precincts. 

6. Board of Election. 

7. Official Ballots. 

8. Conduct of Elections. 

9. Poll Lists. 


Chapter: 

10. Canvassing and Returning the 
Vote. 

11. Canvass of Returns—Declara¬ 
tion of Result—Commissions 
and Certificates of Election. 

12. Primary Elections. 

13. Publicity of Campaign Ex¬ 
penses. 

14. Contesting Elections. 


CHAPTER I 

TIME OF HOLDING 

2866. On the first Tuesday after the first Monday in November, 
1914, and every two years thereafter, a general election shall be held 
for the election of a representative in congress, members of the 
legislature, and state, county and precinct officers. 

2867. On the first Tuesday after the first Monday in November, 
1916, and quardiennially thereafter, there shall be elected such num¬ 
ber of presidential electors as equal the number of United States 
senators and representatives in congress from this state. 

2868. There shall be at each general election immediately pre¬ 
ceding the expiration of the term of office of any United States sen¬ 
ator from Arizona, an election of a United States senator. 

2869. Special elections to fill vacancies in the offices of mem¬ 
bers of the legislature, representatives in congress, or United States 
senators shall only be held on the proclamation of the governor for 
that purpose. 

2870. Whenever a vacancy shall occur in the office of United 





4 


ELECTION LAWS ARIZONA 1913, AMENDED 


States senator, by reason of death or resignation, or from any other 
cause, the vacancy shall be filled at the next general election. At 
such election a United States senator shall be elected to fill the un¬ 
expired term. If the next general election is not to be held within 
six months, the governor may, in his discretion, call a special election 
for the purpose of filling such vacancy. In every case, the governor 
may appoint a United States senator, who shall hold the office until 
the election of his successor, at a general or special election as pro¬ 
vided in this section. 

2871. At least thirty days before a general election the governor 
shall issue a proclamation, containing: 

(1) A statement of the time of election and the offices to be 
filled. 

(2) An offer of rewards in the following form: “And I do here¬ 
by offer a reward of fifty dollars, for the arrest and conviction of 
any and every person violating any of the provisions of Title IV, 
Part I, of the penal code; such rewards to be paid until the total 
amount hereafter expended for the purpose reaches the amount of 
one thousand dollars.” He shall transmit a copy thereof to the clerk 
of each board of supervisors of the state. 

Sheen vs. Hughes, 4 Ariz. 337—40 Pac. 679. 

2872. The board of supervisors of the county shall each be noti¬ 
fied by the clerk of his receipt of such proclamation, and within five 
days after its receipt the board of supervisors shall meet and cause a 
copy to be published in the official newspaper of the county at least 
ten days before a general election, and at least five days before a 
special election. 

Sheen vs. Hughes, 4 Ariz. 337—40 Pac. 679. 


CHAPTER II 

GENERAL PROVISIONS 

2873. The person receiving at any election the highest number 
of votes for any office to be filled at such election is elected thereto. 

2874. Electors are privileged from arrest, except for an indict¬ 
able offense, during their attendance on the election, and in going to 
and returning from the same. 

2875. No elector is obliged to perform military duty on the day 
of election, except in time of war or pubic danger. 

2876. No fees must be charged an elector for regstration or cer¬ 
tificates thereof. 

2877. The compensation of members of boards of election and 
clerks must be fixed and audited by the board of supervisors, and 
paid out of the county treasury. 

2878. The necessary printed blanks for poll lists, tally lists, lists 



ELECTION LAWS ARIZONA 1913, AMENDED 


5 


of voters, ballots, oath, and returns, together with envelopes in which 
to enclose returns, must be furnished by the board of supervisors to 
the officers of each election precinct at the expense of the county. 


CHAPTER III 

QUALIFICATIONS OF ELECTORS 

2879. Every citizen of the United States, and every citizen of 
Mexico who shall have elected to become a citizen of the United 
States under the treaty of peace exchanged and ratified at Querataro 
on the 30th day of May, 1848, and the Gadsden treaty of 1854, of the 
age of twenty-one years or over, who shall have become a resident 
of the state one year next preceding the election, and of the count} 
and precinct in which he claims the right to vote, thirty days, and 
who, not being prevented by physical disability from so doing, is 
able to read the Constitution of the United States in the English 
language in such manner as to show that he is neither prompted nor 
reciting from memory, and to write his name, shall be deemed to 
be an elector of the state of Arizona, and shall be entitled to register 
for the purpose of voting at all elections which are now or may be 
hereafter authorized by law, but idiots, insane persons, and persons 
non compos mentis or under guardianship, shall not be qualified to 
register for any election, nor shall any person convicted of treason 
or felony be qualified to register for any election unless restored to 
civil rights. 

2880. It is hereby made the duty of the county recorder of each 
county in the state, between the fifteenth day of March, and the 
first day of May of the year 1913, and each even numbered year 
thereafter between the first day of May and the fifteenth day of 
October, to procure a sufficient supply of all books and blanks re¬ 
quired by this chapter, and to register all the electors in the county 
and to transmit to the secretary of state a list of the electors and 
their addresses in his county, sending each week the names registered 
that week; provided, however, that the registration from March 15th, 
1913, to May 1st, 1913, shall be cumulative to the registration of 1912. 
The board of supervisors of each county shall order to be paid out 
of the county treasury the reasonable and necessary expenses so in¬ 
curred by the county recorder. 

2881. There shall be one or more volumns of the registration 
book, well bound with leather backs and corners and cloth sides, for 
each county, sufficient to contain the names of all the electors in the 
county, called the “General County Register.” Said registration book 
shall be ruled and printed upon twenty-four pound folio, superfine 
white paper so that each double page may be twenty-two inches wide 
and seventeen inches long. Such book shall be ruled and printed 



6 


ELECTION LAWS ARIZONA 1913, AMENDED 


alike for all counties in the state. Each general county register shall 
have four blank leaves, suitably ruled, in the front, to facilitate making 
an index to the several precincts in the county, and the pages shall 
be numbered consecutively on the upper right hand corner of each 
double page. Each county recorder shall, before proceeding to reg¬ 
ister electors, suitably divide his general county register into as many 
parts as there are election precincts in his county, and index the 
several precincts in the county. There shall be one registration book 
bound in tag board, with cloth strips on the back, for each election 
precinct in each county in the State, called the “Precinct Register 

for.Precinct,.County,” and its pages 

shall be alphabetically indexed on the margin so as to facilitate reg¬ 
istering the electors in the precinct in alphabetical order, according 
to surnames. The paper, size of pages, ruling and printing shall be 
the same as used for the general county register, but the pages need 
not be numbered: Said registration book shall be ruled and printed 
substantially in the following form: 

LAWS OF ARIZONA 

Official Register of Electors for..Precinct, 

. .County, Arizona. 




Name 






No. 

Date 

in 

Full 

Voted 

Occupa¬ 

tion 

Political 

Party 

Age 

Nativity 


Declaration 

Residence 



Signature 

Signature 


of Natural- 

and Post- 

Oath 

Reads 

of 

of 

Remarks 

ization 

Office Ad- 


English 

Electors 

Recorder 



dress 







The following form of oath shall be printed perpendicularly in 
the column headed “Oath:” “I, having been first duly sworn, say, 
upon oath, (or affirm) that I am a qualified elector, that I can read 
the Constitution of the United States in the English language, with¬ 
out being prompted or reciting from memory, and that the state¬ 
ments here entered opposite my name, as to my qualifications as 
an elector, are true.” 

2882. The following registration blanks designated as “Reg¬ 
istration Blank A” and “Registration Blank B,” shall be printed upon 
paper eight and one-half inches wide and fourteen inches long, with 
a blank margin of one inch on the left hand side of the blank, the 
back of which margin shall be gummed. They shall be furnished in 
pads of one hundred each. 
























ELECTION LAWS ARIZONA 1913, AMENDED 


7 


REGISTRATION BLANK A. 

STATE OF ARIZONA, f 

} ss. 

County of. \ 

I, the undersigned elector, do solemnly swear (or affirm) that 
my name and signature as signed below is my true name and signa¬ 
ture. If I have not personally signed it, it is because. 

.and it was signed at my request by the attesting 

officer. My age is twenty-one years or over, occupation., 

nativity.; naturalized or declared my intention 

in.court, in.County, 

.State, on., 19., as 

appears by the naturalization papers exhibited herewith; and I am 

affiliated with the.party. That I am able to 

read the Constitution of the United States in the English language 
without being prompted or reciting from memory. Present residence 

is in.precinct,.County, Arizona, 

or at No.Street, in the City of.;• 

that I will have resided in this State one year immediately preceding 
the next election. 

In testimony whereof I sign my name three times. 

(1).. 

(2).*. 

(3). 

Elector. 

Subscribed and sworn to by the elector before me this. 

day of.. 19. 


Said elector has passed test of reading a section of the Consti¬ 
tution of the United States in English, is.feet,. 

inches tall, weighs approximately.pounds, is of. 

nationality,.sex, and has the following other char¬ 
acteristics .. 

(Signed). 

Registering Officer. 


REGISTRATION BLANK B. 

STATE OF ARIZONA, 

County of. 

I, the undersigned elector, do solemnly swear that my name and 
signature as signed below is my true name and signature. 

If I have not personally signed it, it is because.; 

and it is signed at my request by the attesting officer. That while a 



































8 


ELECTION LAWS ARIZONA 1913, AMENDED 


resident of.precinct, in.County, 

Arizona, I registered, but on.day of.—, 19., 

I moved my residence to.precinct,. 

County, Arizona, or to No...Street, in the City 

of. 

I therefore request the cancellation of my registration in said 
.precinct, .County, Arizona. 


Elector. 

Subscribed and sworn to by the elector before me this. 

day of..., 19. 


2883. It shall be the duty of every elector in the state of Ari¬ 
zona, between the first Monday in May, and the fifteenth day of 
October, 1914, and between the same dates biennially thereafter, to 
register with some notary public or justice of the peace, or with the 
county recorder of the county in which the elector resides, in accord¬ 
ance with this chapter. 

2884. It shall be the duty of the county recorder in each county 
between the first Monday in May, and the fifteenth day of October, 
1914, and between the same dates biennially thereafter, to enter 
upon the proper register every person who complies with the re¬ 
quirements of this chapter and claims to be an elector residing in 
the county. If the recorder refuses to enter the name of any qualified 
elector, such elector may proceed by mandamus to compel him to 
do so; provided, that the county recorder shall not register any 
elector during the period beginning ten days before and ending six 
days after the general biennial primary election; provided further, 
that this law shall not operate to prevent any additional registration 
of voters required by the charters or ordinances of any city or town. 

2885. Every elector may be registered without charge by per 
sonally appearing in the office of said recorder and after being duly 
sw r orn, stating the following facts, which the recorder or his deputy 
shall appropriately enter in black ink, at first, in the general county 
register. The electors shall be numbered consecutively 1, 2, 3, etc., 
in each precinct as they are registered in the general county register. 
Th recorder shall test the ability of the applicant for registration to 
read the English language, as in this chapter provided, and shall in¬ 
quire of the said applicant and enter the following information in 
the general county register in the division set off for the precinct 
in which said applicant resides, to-w r it: 

(1) The registration number of the elector; 

(2) The date of registering the elector; 

(3) The full name of the elector; 



















ELECTION LAWS ARIZONA 1913, AMENDED 


9 


(4) Leave a blank space in which the judges of election shall 
enter in the precinct register the poll-book number of each elector 
when he voted; 

(5) The business or occupation of the elector; 

(6) The fact that the elector is of the age of twenty-one years 
or over; 

(7) The county of nativity; 

(8) If naturalized, the time, the place and court of naturaliza¬ 
tion, as evidenced by the legal proof thereof, exhibited by the elector; 

(9) The political party affiliation; 

(10) The actual and precise place of residence of the elector 
at the time of his registering, stating the precinct; and in cities and 
towns having streets specifying the name of the town or city, the 
street or other location or dwelling place of the elector, with the 
number of such dwelling, if the same has a number; if not, then 
with such description of the place that it can readily be ascertained 
and identified; 

(11) The fact whether the applicant for registration has shown 
in the test given him by the recorder his ability to read the Consti¬ 
tution of the United States in the English language, as in this chapter 
provided; 

(12) The fact whether or not the elector desiring to be regis¬ 
tered is able to write his name and mark his ballot; 

(13) The elector shall then next following the afore-administered 
oath, sign his name in the presence of the recorder, or the deputy 
acting, in the general register upon the same line where the preced¬ 
ing information is written, and the registering officer shall then sign 
his own name upon the said line, and add in the last column headed 
“Remarks” such physical description of the elector, giving his height, 
approximate weight, nationality, color, and any peculiarity that will 
tend to establish his identity, for the information of the judges of 
election. If the elector is registered by the recorder, in person, the 
recorder shall so sign his own name in attestation thereof, and if 
the elector is registered by a deputy, then, in addition to the name of 
the recorder, the particular deputy actually registering the elector 
shall sign his name, at length, in attestation thereof. If the elector 
declares he is unable tG mark his ballot or sign his name he shall state 
why, and the recorder or his deputy, as the case may be, shall enter 
upon the register the reasons. If the elector’s inability to sign is 
apparent, in consequence of some physical infirmity, such as blind¬ 
ness or loss of limb, incapacitating the elector for writing, he shall 
so state the fact. 

2886. The recorder shall then enter in the separate precinct 
register of the particular precinct in which the elector resides every- 


10 


ELECTION LAWS ARIZONA 1913, AMENDED 


thing entered by him in general register. He shall arrange the names 
alphabetically, according to surname, in the separate precinct regis¬ 
ter, by the same number given the elector in the general register. 
The recorder or deputy shall then require the elector to sign his 
name, and, as in the general register, he shall attest the registration. 
The separate election precinct registers shall contain all the informa¬ 
tion concerning the elector contained in the general or county reg¬ 
ister, including the actual signatures of the elector, if able to sign, 
and the recorder’s, or his deputy’s, signature attesting such reg¬ 
istration. 

2887. Every elector may be registered by personally appearing at 
the recorder’s office and complying with the provisions of this chap¬ 
ter, but if said elector is unable for any reason conveniently to reg¬ 
ister as aforesaid, he may register, without charge, before a notary 
public or a justice of the peace or recorder or deputy recorder in the 
county in which he resides by using one of the blanks designated as 
blank “A,” signing it three times and meeting a similar test given 
him by said registering officer, as to his ability to read the Constitu¬ 
tion of the United States in the English language as in this chapter 
provided, to that prescribed in Section 20 (Par. 2885) hereof as pre¬ 
scribed to be given by the county recorder, and filling out a blank in 
such a way as to afford all the information which he ought otherwise 
to give, to the recorder under Section 20 (Par. 2885), and in addition 
thereto making oath as specified in said blank “A,” which shall be 
duly certified by the notary public or justice of the peace, recorder, 
or deputy recorder, and forthwith filed in the office of the county 
recorder of the county in which the elector resides. Such registering 
officer shall give the elector a duplicate of the certificate which said 
registering officer files with the county recorder. The county re¬ 
corder shall supply such registration officers, upon request, with a 
sufficient number of said blanks “A” and “B” free of charge. But 
each notary public shall be entitled to receive from the county the 
sum of twenty cents for each elector so registered by him, whose 
affidavit has been duly filed with the county recorder. After each 
general election the board of supervisors shall audit such bills and 
order payment to be made in accordance herewith. Provided, that 
notaries public empowered under this chapter to register electors 
shall be appointed by the county recorder in each county. 

If there shall be no justice of the peace or notaries public in any 
precinct the recorder shall appoint one or more special deputies to 
act as registering officers in any such precinct, who shall receive the 
same compensation provided in this section for notaries public. 

2888. Upon receipt of said written application or affidavit of an 
elector for registration, if it is in due form and duly certified, the 


ELECTION LAWS ARIZONA 1913, AMENDED 


11 


recorder shall forthwith register the elector in the proper precinct in 
the general register, and also in the separate precinct register, in 
the same manner as if the elector had personally appeared in the re¬ 
corder’s office. The recorder shall cut out two of the signatures of 
the elector in said written application and paste them in the registers 
where the elector would have signed if he had applied in person, and 
file and preserve the written application in a paged file, noting upon 
the proper line in each registration book the page in said file where 
said written application is filed. The recorder or deputy acting shall 
attest each such registration entered by him. 

2889. Every elector, upon changing his place of residence from 
the precinct of any county in which he is registered, may cause his 
former registration to be cancelled as to said precinct, by request in 
writing in duplicate to the registering officer of the precinct wherein 
he is registered, or the county recorder of such county, imparting 
the information called for in blank “B,” signing his name to each 
copy, and by the said elector swearing to the truthfulness of the 
statement before someone authorized to administer oaths. And it 
shall be the duty of said registering officer or the county recorder, 
to cancel such registration as to said precinct, and to issue to the 
elector a certificate of such cancellation substantially in the form of 
blank “B” duly signed by the elector and certified by the registering 
officer, and if said certificate is issued by a registering officer other 
than the county recorder, such registering officer shall, without de¬ 
lay, transmit to the county recorder of the county in which the 
elector is registered the duplicate copy of the elector’s statement. 
Upon receipt of such duplicate statement, the county recorder shall 
compare the signature of the elector with his signatures upon the 
registers, and if satisfied of the genuineness of the same, he shall file 
bis communication and said duplicate certificate and page the same, 
and then in each of the registers, in red ink, opposite the name of 
said elector write “cancelled as to said precinct,” and the number of 
the page where said communication and duplicate certificate are filed, 
and attest said cancellation by signing his own name. 

Any elector holding such certificate, if issued less than thirty 
days prior to an election, shall, by presentation thereof, be entitled 
to vote in any other precinct of the county in which he is registered 
for candidates for all offices, except for precinct offices, and he shall 
so fold his ballot as to permit the election officers to determine that 
he is voting only for candidates for such offices and upon such ques¬ 
tions as he is permitted by law to vote for or upon; or, if said elector 
removes to, and becomes a resident of a precinct of another county 
of the state thirty days or more prior to an election, he shall, upon 
presentation of such certificate, be entitled to vote therein for candi- 


12 


ELECTION LAWS ARIZONA 1913, AMENDED 


dates for all offices to be elected therein; but if he becomes such 
resident less than thirty days prior to an election, he shall, upon 
presentation of said certificate, be entitled to vote for all candidates 
other than candidates for county and precinct offices; provided, how¬ 
ever, that before voting the holder of such certificate shall take and 
subscribe the oath required by Section 42 (Par. 2907) of this chap¬ 
ter; and provided further, that the certificate herein defined shall 
not apply to local option elections. 

Any elector voting under such certificate shall, at the time of 
voting, file the same with the officers of such election, and the elec¬ 
tion officers shall transmit same with the election returns to the 
county recorder. 

And the county recorder of each county of the state is hereby 
required, immediately upon the expiration of the time for registering, 
to notify, by proper certification, the county recorders of all other 
counties of the state of all cancellations of registration that have 
been made by him. 

2890. In the event that a new precinct is created during the 
period of registration, or after such period, the recorder shall make 
for such new precinct a copy of each precinct register of all the pre¬ 
cincts from which such new precinct is created. 

2891. No person shall register who is not a qualified elector of 
the precinct in which he registers and who is not a resident thereof, 
or register in a name other than his true name, and no elector shall 
register a second time in the same precinct, or register in any other 
precinct until his first registration has been cancelled, as provided in 
Section 24 (Par. 2889) of this chapter. 

2892. It shall be the duty of each recorder or elector present to 
challenge any person offering to register whom he shall know or 
suspect not to be qualified as an elector. Upon challenge being made, 
the one so challenged may, if he so elect, be at once sworn to answer 
fully and truly all such questions as may be put to him by the 
registering officer touching his qualifications as an elector. And if 
such challenge be upon the ground that the party challenged cannot 
read the Constitution of the United States in the English language, 
he shall be required to read a section from the Constitution of the 
United States selected by lot in such a manner as to show that he 
is not being prompted or reciting from memory; provided, that the 
secretary of state shall supply to the board of supervisors in the 
several counties enough copies of the Constitution of the United 
States printed by sections in the English language in plain type on. 
cards (one section to each card) to provide one copy of said Consti¬ 
tution for each precinct, one set of which said cards the boards of 


ELECTION LAWS ARIZONA 1913, AMENDED 


13 


supervisors shall send to the precincts, together with the election 
supplies; and provided further, that in case of challenge said cards 
shall be placed loose in some container and shaken, and the person 
challenged shall be required to draw one of the cards therefrom at 
random without being given an opportunity to see what card he is 
drawing, and required to read the section of the Constitution of the 
United States printed thereon. If he cannot so read, or if he shall 
refuse to answer fully any questions touching his qualification as an 
elector which are put to him by the registering officer, the register¬ 
ing officer shall refuse to register him. The qualifications of the 
applicant as an elector shall be determined in the first instance by the 
registering officer from the evidence produced before him, and if he 
find the applicant disqualified to vote at the next election, he shall 
reject the application; but if he finds him qualified, he shall register 
him. If rejected, the name and place of alleged residence of each 
applicant for registration, and the date when rejected, shall be en¬ 
tered in a separate list for each precinct, kept by the registering 
officer. 

2893. Any elector of the state of Arizona who is out of the state 
at the time when voters are required to register may register before 
a notary public in the state in which he may be at the time by using 
one of the blanks designated as blank “A” and filling out the blank 
in such a way as to afford such information as he ought otherwise 
to give the recorder, and in addition thereto, signing his name three 
times and making oath thereto, as specified in said blank, which shall 
be duly certified by the notary public and filed with the county re¬ 
corder of the county in which the elector resides. 

In like manner any elector of the state of Arizona who is in a 
foreign country at the time the voters are required to register may 
register before a consul, vice-consul or consular agent or notary pub¬ 
lic in such foreign country. And any voter who is out of the county 
of his residence at the time voters are required to register may reg¬ 
ister before any justice of the peace or notary public in the county 
w r here such voter may be. . 

Upon filing of such blank, filled out and certified as aforesaid, 
the county recorder shall enter the name of the elector upon the gen¬ 
eral county register of the county and proceed in the same manner 
as if. the elector had registered before a notary public or justice of 
the peace in the county. 

2894. The county recorder shall close all books of registration for 
the period of seventeen days at five o’clock p. m. on the tenth day 
before the regular general primary election in 1914, and biennially 
thereafter, by writing the words, “Closed for seventeen days,” in red 
ink, on the line next below the last elector registered in each pre- 


14 


ELECTION LAWS ARIZONA 1913, AMENDED 


cinct of the general register. He shall then immediately in the 
indexed pages in the general register, opposite the name of each 
precinct, in writing certify the number of electors registered in each 
precinct subject to the provisions of the primary election law, and 
sign his name and title, and affix the seal of the county thereto; and 
he shall immediately send to the secretary of state, by telegraph, if 
necessary, a certified copy of the numbers and total of the electors 
registered for his county; he shall likewise close the books of the 
precinct registers, and certify in each of the precinct registers the 
total number of electors registered in each precinct, subject to the 
primary election law, and not cancelled, and sign the same with his 
official title and affix the seal of the county thereto. All of said 
registers shall be re-opened by the recorder on the sixth day follow¬ 
ing the said general primary election and biennially thereafter, and 
remain open until the fifteenth day of October, 1914, and biennially 
thereafter, when they shall be finally closed for the ensuing election 
in the manner above provided. 

2895. The said registers shall all be public records. The general 
register of the county shall be kept in the office of the county re¬ 
corder as other public records are kept. Every citizen shall be al¬ 
lowed to examine the general county register, and each of the pre¬ 
cinct registers while they are in the custody of the county recorder, 
and to make copies or extracts therefrom without charge to him. 
The several precinct registers shall be sent to their respective pre¬ 
cincts, together with a suitable supply of the said registration blanks 
“A” all sealed, the same as other stationery and supplies are now 
forwarded to the judges of each precinct. 

2896. Any county recorder of any county, or any deputy, or any 
judge or clerk of election, or any justice of the peace or notary 
public, who shall wilfully disregard any of the provisions of this 
chapter, or who shall wilfully fail to perform or enforce any of the 
provisions of this chapter, or any person who shall wilfully or fraud¬ 
ulently register more than once, or register under any but his true 
name, or attempt to vote by personating another who is registered, 
contrary to the provisions of this chapter, or knowingly register in 
any precinct where he is not a resident at the time of registering, 
upon conviction, shall be punished by imprisonment in the state 
prison not less than one year nor more than three years, or by fine 
not less than one hundred dollars nor more than two thousand dol¬ 
lars, or by both such fine and imprisonment. Any person who shall 
falsely swear to any affidavit required by this chapter shall be 
deemed guilty of perjury, and upon conviction thereof shall be pun¬ 
ished accordingly. 

2897. The recorder shall cancel the entry in the following cases:. 


ELECTION LAWS ARIZONA 1913, AMENDED 


15 


(1.) At the request of the party registered when he has changed 
his residence, as provided by law. 

(2.) When he knows of the death or removal of the person 
registered. 

(3.) When the insanity of the person registered is legally 
established. 

(4.) When the one registered has been convicted of a felony, 
and the judgment of conviction has not been reversed or set aside. 

(5.) Upon the production of a certified copy of a judgment di¬ 
recting the cancellation to be made. 

(6.) Upon a certificate of the board of election of any precinct, 
sent up with the election returns, stating the death or removal from 
the county within their own knowledge of the person registered. 

(7.) Every judge before whom proceedings were had which result 
in any person being declared incapable of taking care of himself and 
managing his property, and for whom a guardian of his person and 
estate is accordingly appointed, or which result in such person being 
committed to the state asylum for the insane as an insane person, 
shall file with the county recorder a certificate of that fact, and 
thereupon the recorder shall cancel the name of such person upon the 
register, if found thereon. 

2898. Upon the application of the party in person or in writing, 
the recorder must give him or his agent a certified copy of the en¬ 
tries upon the register relating to such party. 

2899. Upon demand first being made in writing therefor, and his 
refusal so to do, then any person may proceed by action in the 
superior court to compel the recorder to cancel any entry made on 
the register illegally, or that ought to be cancelled by reason of facts 
that have occurred subsequent to the time of such entry, but if the 
person whose name is sought to be cancelled be not a party to the 
action, the court may order him to be made a party defendant. 

2900. A certified copy an un uncancelled entry upon the register 
is prima facie evidence that the person named in the entry is an 
elector of the county. 

2901. No person shall be entitled to vote at any election unless 
his name appears upon the register for the precinct in which he 
offers to vote, except as otherwise provided by law. 

2902. The board of supervisors shall furnish the county recorder 
all necessary assistance to enable him to carry out the provisions of 
this chapter. 


CHAPTER IV 

CERTIFICATES OF REGISTRATION 

2903. Any qualified elector, under the election laws of the State 



16 


ELECTION LAWS ARIZONA 1913, AMENDED 


of Arizona, whose name appears upon the general county register of 
any county in the State of Arizona, and who has not cancelled his 
registration as to a precinct as provided by law, may demand of the 
county recorder of the county in which he is registered a certificate 
of registration, and upon such demand, said county recorder shall 
issue to said elector a certificate of registration as provided in this 
chapter, and any county recorder who shall refuse or neglect to issue 
such certificate of registration upon the demand of any qualified 
elector, as provided herein, shall be builty of a misdemeanor. 

2904. Such certificate of registration shall be issued under the 
seal of the county recorder and shall be signed by the said county 
recorder, or his deputy, and by the elector demanding the certificate 
of registration, who shall state in the presence of the county recorder, 
or his deputy, under oath that he is the qualified elector in whose 
name he seeks to have the certificate of registration issued. 

2905. Every certificate of registration issued under the provisions 
of this chapter, shall be issued in duplicate, one copy to be retained 
as a permanent record of the county recorder’s office issuing the 
same, and one copy to be delivered to the elector demanding it. 

2906. The certificate of registration herein provided for shall be 
substantially in the following form and words: 

CERTIFICATE OF REGISTRATION. 

.County, Arizona. 

I,., County Recorder of. 

County, Arizona, do certify upon demand of. 

whose name appears upon the general county register of said county, 
that he is a duly qualified elector, and I hereby issue this certificate 

to said...and certify that said 

.is a (man or woman) of. 

feet,.inches in height, color of eyes.complexion 

., nationality.., weight., 

age.years, member of the.party; 

and that he or she has signed this certificate in my presence. 


County Recorder. 


Elector. 

(SEAL) 

Upon the reverse of said certificate shall appear the form and 
words: 

We, the undersigned, members of the election board of 
......precinct, .County, State of Ari¬ 
zona, do hereby certify that on the.day of. 






















ELECTION LAWS ARIZONA 1913, AMENDED 


17 


at.M., of said day,., the 

elector named on the face of this certificate of registration, presented 

.self in person at the above named precinct, and after 

making oath that he or she was a qualified elector whose name ap¬ 
pears upon the fact of this certificate of registration, did cast. 

ballot in this precinct as provided by law\ 


Inspector 


Judge 


Judge 


Clerk 


Clerk 


(Signed by elector on date of voting and in the presence of the 
election board.) 

2907. The holder of a certificate of registration issued in ac¬ 
cordance with the provisions of this chapter shall be entitled to vote, 
subject to challenge, in any precinct in the State of Arizona in 
which he presents himself upon the date of any election of state 
officials of or representative in congress, or of United States senator 
or presidential electors, provided he makes the following oath before 
the election board of the precinct in which he desires to vote: 


“I, . being first duly sworn, state upon oath that 

I am the identical .named in the certificate of 


registration presented herewith by me; that I have not previously 
voted in this election at any precinct within the State of Arizona and 

that I am legally entitled to vote in the County of., 

State of Arizona. 

Upon making the foregoing oath, and presenting said certificate 
of registration to the election board, the elector shall be allowed to 
vote, subject to challenge, provided, that he may not vote for can¬ 
didates for the legislature, superior court judge, or county or pre¬ 
cinct offices in any county except the county of his registration; 
and, in the county of his registration, for any candidate for precinct 
office, except in the precinct of his registration; and, provided 
further, that he so fold his ballot as to permit the election officers to 
determine that he is voting only for the candidates for such offices 
as he is permitted to vote for under the provisions of this chapter, 
and for or against such questions as appear upon the ballot. The 
members of any election board who shall violate any of the pro- 
















18 


ELECTION LAWS ARIZONA 1913, AMENDED 


visions of this chapter shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of not less than 
one hundred dollars. 

2908. The county recorder, on issuing any certificate of registra¬ 
tion, shall write in red ink over the registration of the elector in the 
general county register and the respective precinct register, the 
words, “certificate issued,” together with the date. 

2909. Any person who shall make a false oath in order to vote 
under the provisions of this chapter, shall be guilty of a felony, and 
upon conviction thereof before a court of competent jurisdiction 
shall be punished by imprisonment for the period of one year, and 
shall also forfeit his rights of citizenship for a period of five years 
from the date of his conviction. 

2910. The attempted use of a fraudulent certificate of registra¬ 
tion shall be a felony, and upon conviction thereof, the person so 
convicted shall be subject to the penalties provided in the preceding 
section of this chapter. 

2911. Any county recorder, or other public officer of the State 
of Arizona who issues, or causes to be issued, or connives at the 
issuance of any false or fraudulent certificate of registration shall be 
guilty of a felony, and upon conviction thereof shall be punished 
by imprisonment for three years, and shall forfeit his rights of citi¬ 
zenship for a period of five years, in addition to the forfeiture of his 
office. 

2912. Any certificate of registration issued under the provisions 
of this chapter at the time the lawful holder thereof offers to vote by 
virtue thereof, shall be delivered to the election board of said pre¬ 
cinct, and shall be filed by said board, together with the returns of 
said election with the county board of supervisors. 

CHAPTER V 
ELECTION PRECINCTS 

2913. The board of supervisors of each county must, prior to 
each general election, establish a convenient number of election pre¬ 
cincts therein, and define the boundaries thereof when possible. 

2914. The board must, at least fifteen days prior to an election, 
issue its order designating the house or place within each precinct 
where the election must be held. 

Johnstone vs. Robertson, 8 Ariz. 361—76 Pac. 465. 

Chenoweth vs. Earhart, 127 Pac. 748. 

2915. If the board fails to designate the house or place for hold¬ 
ing the election, or if it cannot be held at the house or place desig¬ 
nated, the justice of the peace in the precinct must, two days before 
the election, and by an order under his hand (copies of which he 
must at once post in three public places in the precinct) designate 


ELECTION LAWS ARIZONA 1913, AMENDED 


19 


the house or place, or if there be no justice of the peace there, the 
election board, by similar notices posted as in this section provided, 
may designate the place. 

Johnstone vs. Robertson, 8 Ariz. 361—76 Pac. 465. 

CHAPTER VI 

BOARD OF ELECTIONS 

2916. When an election is ordered, the board of supervisors must 
appoint for each precinct, from the electors thereof, one inspector 
and two judges, who constitute a board of election for such precinct. 

2917. The county board of supervisors shall at their June meet¬ 
ing next preceding a general election appoint one inspector and two 
judges of election, who shall be qualified voters of such precinct 
for which appointed, and who are members of different political par¬ 
ties and of the parties which cast the highest number of votes in the 
state at the last preceding general election; provided, that if at least 
one week or more prior to such election the chairman of the county 
central committee of either of the two parties that cast the largest 
number of votes in the state at the last general election shall desig¬ 
nate a member of such party as judge, having the same qualifications 
as above described, he shall be appointed, and such judges, together 
with the inspector, shall constitute a board of election; provided 
further, that no United States, state, county, nor precinct officer, nor 
any candidate for office at such election, shall be qualified to act as 
judge, inspector, or clerk at any election held in this state. It shall 
be the duty of the board of supervisors of each county in the state 
to take charge of all election paraphernalia and care for the same. 

At least ten days before any special election, the board of super¬ 
visors shall in like manner appoint a board in each precinct to act 
at such election. 

2918. If the board of supervisors fail to appoint the board of 
election, or the members appointed do not attend at the opening of 
the polls on the morning of the election, the electors of the precinct 
present at that hour may appoint the board or supply the place of 
an absent member thereof. 

2919. The inspector is chairman of the election board, and may: 

(1.) Administer all oaths required in the progress of an election. 

(2.) Appoint judges and clerks if, during the progress of the 

election, any judge or clerk ceases to act. 

2920. Any member of the board or clerk thereof may administer 
and certify oaths required to be administered during the progress 
of an election. 

2921. At the time of appointing the inspector and judges, the 
board of supervisors shall appoint two electors who shall not be 


20 


ELECTION LAWS ARIZONA 1913, AMENDED 


members of the same political party to act as clerks of election in 
each precinct. If the board of supervisors fail to appoint such clerks, 
they may be appointed by the board of election at the time of the 
opening of the polls. 

2922. Before opening the polls, each member of the board and 
each clerk must take an oath to faithfully perform the duties im¬ 
posed upon him by law. Any elector of the precinct may admin¬ 
ister and certify such oath. 


CHAPTER VII 

OFFICIAL BALLOTS 

2923. All ballots cast in elections for public office within this 
state shall be printed and distributed at public expense. The print¬ 
ing of ballots and cards of instructions for the voters in each county, 

• and the delivery of the same to the clerks and election officers, 
as hereinafter provided, shall be a county charge,^ the payment of 
which shall be provided for in the same manner as the payment of 
other county expenses; but the expense of printing and delivering 
the ballots and cards of instructions to be used in local elections 
shall be a charge upon the city or town in which such local election 
shall be held. 

2924. Candidates for public office to be filled by elections within 
this state shall be nominated in the manner provided by the laws re¬ 
lating to primary elections. 

2925. It shall be the duty of the several county boards of super¬ 
visors, and town and city recorders or clerks of this state to pre¬ 
pare and provide, as hereinafter prescribed, ballots printed on white, 
paper, containing the names of all persons, certificates of whose 
nominations for public office has been filed with them as provided 
in this title. The ballots to be printed by the several county boards 
of supervisors shall be printed and ready for inspection by the 
candidates and their agents at least ten days before a general elec¬ 
tion. The ballots to be provided by the several city, or town record¬ 
ers or clerks shall be printed and ready for inspection at least five 
days before election. Except as herein otherwise directed the board 
of elections, in counting, canvassing, certifying and returning the 
votes cast at any election, shall proceed as now required by law; 
provided further, that at each polling place one challenger for each 
respective political party shall be allowed to be present and act, 
but such challengers shall not be permitted to enter any of the 
booths. 

2926. All ballots shall be printed with black ink on white paper 
of sufficient thickness to prevent the printing thereon from being 



ELECTION LAWS ARIZONA 1913, AMENDED 


21 


discernible from the back, and the same type shall be used for the 
names of all candidates. 

2927. All ballots to be used at any election shall be headed 
“Official Ballot” in heavy faced plain letters, not smaller than long 
primer nor larger than great primer, with a heavy rule above and 
below the same. Immediately below shall be placed the words, 
‘‘Election, (date of election),” and immediately below these words 
shall be placed the name of the county and the name or number of 
the precinct in which the election is held. No other matter shall 
be placed or printed at the head of any ballot. 

2928. At the top of the ballot and above the heading, there shall 

be a stub which shall contain the words, “Stub No. 

To be torn off by inspector.” The stub shall be separated from the 
ballot by a perforated line, so that the stub can be easily detached 
from the ballot. 

2929. All proposed constitutional amendments or other propo¬ 
sitions or questions to be submitted to the voters shall be printed 
at the bottom of the ballot, in such order as the secretary of state 
may designate, and each such amendment, proposition or question 

shall be followed by the words “yes” and “no” or “For.” 

and “Against.” as the nature of the amendment, propo¬ 

sition or question may require, and at the right of and opposite 
each of such words shall be placed a square of the size of those 
placed opposite the names of candidates, in which the voter may 
indicate his vote for or against such amendment, proposition or ques¬ 
tion by a mark (X). 

2930. Immediately below the heading shall be placed the names 
of candidates for judges of the supreme court and superior court. 
The names of such candidates shall be placed in a single column in 
the center of the ballot and the names of the candidates shall be 
placed in alphabetical order without partisan or other designation 
except the title of the office. Immediately below the names of the 
candidates for judges there shall be placed in columns the names of 
the candidates of the several political parties. At the top of each 
column shall be printed the name of the political party, which shall 
be printed in bold faced letters, and immediately below such name 
there shall be a square of the size hereinafter provided, and below 
such columns and running across the ballot a heavy line, below such 
line shall be printed in each column the names of the candidates of 
each of said parties for the several offices, at the head of each col¬ 
umn shall be printed the names of the candidates for presidential 
electors, followed by the names of the candidates for United States 
senator, then by the names of the candidates for representatives to 
congress, then the names of the candidates for the several state 





22 


ELECTION LAWS ARIZONA 1913, AMENDED 


offices, then by the names of the candidates for the several county 
and precinct offices. At the left of the several columns shall be 
printed the head “Name of office to be voted for,” and immediately 
below, the name of the office to be filled. 

The square at the top shall be a thirty-six point square, and above 
and below the same shall be printed the following words: 

Vote straight 

\ - i 

' / _ ) 

ticket here. 

Candidates for the office of state senator and state representa¬ 
tive shall, for the purpose of determining their position on the ballot 
and the rights of persons to vote for them, be deemed candidates 
for county offices, and their names shall be printed among the can¬ 
didates for county offices. 

If candidates for the office of county supervisors are nominated 
from supervisoral districts, the number of the district from which 
each candidate was nominated shall be printed in [brackets] imme¬ 
diately to the right of his name, as: 

“For supervisor. John Doe, [3rd District].” 

2931. The lists of the candidates of the several parties shall be 
arranged with the names of the parties in alphabetical order, com¬ 
mencing with the left hand column, but on the right hand side of 
the ballot there shall be a column headed non-partisan. 

2932. The official ballots shall be in substantially the following 
form: 

In each column at the right of the name of the candidate and on 
the same line there shall be a space so enclosed by rule work as 
to make a square three-eights of an inch in size, in which a voter 
may designate his choice by a cross mark. Below the name of the 
last named candidate for each office in each column shall be placed 
as many blank lines as there are offices of the kind to be filled, and 
in like manner a square shall be placed after such blank space. 
Upon such blank lines the voter may write the names of any per¬ 
son or persons for whom he desires to vote whose names are not 
printed, and in the squares opposite the same, he shall designate 
his choice by a cross mark as in the case of printed names. 

2933. There shall be placed immediately below the designation 
of the office the words, “Vote for one (or more, according to the num¬ 
ber to be elected).” 

2934. When the presidential electors are to be voted for, the can¬ 
didates of each party therefor shall be grouped and printed together, 
the names in each group to be arranged in alphabetical order, and 
the entire group of electors of each party shall be enclosed in a 





No. (306) 


To be torn off by Inspector. 


.Precinct No. 


OFFICIAL BALLOT 

ELECTION.191. 


JUDICIAL OFFICES 

For 

JUDGES 
of the 

SUPREME COURT 

Vote for three 

JOHN DOE . □ 

JOHN POE . □ 

JOHN ROE . □ 

JOHN SMITH . Q 

. □ 

. □ 

. □ 

. □ 

FOR JUDGE OF 

SUPERIOR COURT 

Vote for one 

JOHN DOE . □ 

. . n 



.County. 


OFFICE TO BE VOTED FOR 

DEMOCRATIC 

Vote straight 
□ 

ticket here 

PROGRESSIVE 

Vote straight 
□ 

ticket here 

PROHIBITION 

Vote straight 

□ 

ticket here 

REPUBLICAN 

Vote straight 
□ 

ticket here 

SOCIALIST 

Vote straight 

□ 

ticket here 

INDEPENDENT 

Vote straight 

□ 

ticket here 

NON-PARTISAN 

Vote straight 

□ 

ticket here 

FOR PRESIDENTIAL ELECTORS 

JOHN DOE ) 

JOHN POE Y WILSON . □ 

JOHN ROE \ 

JOHN DOE j 

JOHN POE 1 ROOSEVELT . □ 

JOHN ROE j 

JOHN DOE | 

JOHN POE l CHAPIN . □ 

JOHN ROE j 

JOHN DOE j 

JOHN POE '.TAFT □ 

JOHN ROE j 

JOHN DOE i 

JOHN POE iDEBS . □ 

JOHN ROE j 

JOHN ROE 'j 

JOHN POE l JONES . □ 

JOHN DOE j 

. □ 

FOR MEMBER OF CONGRESS 

JOHN DOE . □ 

... □ 

JOHN DOE . .. □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE .. □ 

. □ 

. □ 


STATE OFFICES 


FOR GOVERNOR 

Vote for one 

JOHN DOE . □ 

.. □ 

JOHN DOE '. Q 

. □ 

JOHN DOE . □ 

.■:. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 


FOR SECRETARY OF STATE 

Vote for one 

JOHN DOE .. □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

• 

FOR CORPORATION COMMISSION 
Vote for three 

JOHN DOE . □ 

JOHN ROE . □ 

JOHN POE . n 

. □ 

JOHN DOE . □ 

JOHN POE . □ 

JOHN ROE . □ 

. □ 

JOHN DOE . □ 

JOHN POE . □ 

JOHN ROE . □ 

. □ 

JOHN DOE . □ 

JOHN POE . 

JOHN ROE . q 

JOHN DOE . □ 

JOHN POE . □ 

JOHN ROE . □ 

n 

JOHN DOE . □ 

JOHN POE . □ 

JOHN ROE . □ 


. □ 

. □ 

. □ 


n 



. □ 

. □ 

. □ 

. □ 

.□ 

. □ 


Etc. 









COUNTY OFFICES 


PROPOSED BY INITIATIVE PETITION 


PROPOSED AMENDMENTS 
TO THE CONSTITUTION 


102 

Ye* 

1 X 


202 

1 Yes 

1 x 

103 

No 

1 . 

1 

203 

| No 





_ 

i 



1 

i 


—. 

* 

1 





REFERRED TO THE PEOPLE 
BY THE LEGISLATURE 



Ye* 


— 

No 



REFERENDUM ORDERED 
BY PETITION OF THE PEOPLE 


302 


303 


Ye* 


No 


FOR SHERIFF 

Vote for one 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE .□ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 


Etc. 








PRECINCT OFFICES 

FOR CONSTABLE 

Vote for one 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. □ 

JOHN DOE . □ 

. . □ 

JOHN DOE . q 


Etc. 

j 









I TR ADE* 

























































































































































































































































































































































































































ar 




. o 3 • a 










f < 

















K018#|tJO-' ■ W)n'A-T^i 
















ELECTION LAWS ARIZONA 1913, AMENDED 


23 


scroll or bracket to the right and opposite the center, on which 
shall be printed in bold type the surname of the presidential candi¬ 
date represented. To the right of and on a line with such surname 
shall be placed a square in which the voter may indicate his choice 
by a cross mark, and one such mark opposite a group of presidential 
electors shall be counted as a vote for each elector in such group. 

2935. The proposed constitutional amendments, initiative or ref¬ 
erendum measures, or other propositions or questions to be submit¬ 
ted to the voters shall be printed on the ballot after and below the 
names of the candidates for precinct offices. 

2936. The official ballots shall be bound together in blocks of 
not less than twenty-five nor more than one hundred. 

2937. At least five sample ballots printed on muslin or cloth, but 
in all other respects the same as official ballets, shall be provided 
by the officers v/hose duty it is to print and distribute the official 
ballots for each precinct, and such sample ballots, together with 
the cards of instruction hereinafter mentioned, shall be delivered 
to the election officers, and such officers shall cause the same to 
be posted in conspicuous places in each precinct before the opening 
of the polls at such primary election, one of which sample ballots 
shall be posted within the place where the said primary election is 
held, and one in some convenient place immediately outside. 

2938. The officers charged with the duty of printing and dis¬ 
tributing the official ballots shall also cause to be printed and dis¬ 
tributed for the information of voters at each precinct, such num¬ 
ber of sample ballots as they may deem necessary, not to exceed five 
per centum of the number of regular ballots printed for the several 
political parties at the precinct. Such sample ballots shall be printed 
only on colored paper. 

2939. Immediately before the names of the candidates for judges 
of the supreme court shall be printed in bold type the words, “For 
judge (or judges) of the supreme court; vote for one (or more as 
the case may be).” Above the names of the candidates for judge of 
the superior court, there shall be printed in bold type the words, 
“For judge of the superior court; vote for one.” 

2940. Any person desiring to vote for all the candidates of any 
political party may do so by placing a cross in the square at the top 
of the column under the name of such party, otherwise he may vote 
for any candidate by placing his cross in the square opposite the 
name of such candidate. 

2941. The board of supervisors shall furnish, to be placed in 
each booth, a card, or poster, printed in the English language in 
large plain type, on which the following shall appear: 


24 


ELECTION LAWS ARIZONA 1913, AMENDED 


NOTICE TO VOTERS 

If you wish to vote a straight ticket put an “X” in the square 

at the top of the column under the name of the party for whose 

candidates you wish to vote. 

If you not do wish to vote a straight ticket put an “X” in the 
square after the name of each candidate that you wish to vote for. 

If you wish to vote for a person whose name is not printed on 

the ballot, write such name in the blank space opposite the office 
he is a candidate for, and put an “X” in the square opposite the name 
so written. 

Put an “X” opposite the name of each candidate for judge of the 
supreme court, or judge of the superior court for whom you wish to 
vote. The straight ticket does not include candidates for judges. 

2942. There shall be printed for and furnished to each polling 
place at which an election is to be held, a number of ballots—at 
least three times- the number of registered voters whose names appear 
on the precinct register for the precinct. 

2943. The several boards of supervisors, and clerks of said 
boards, whose duty it is to print and furnish the official ballots at 
any election, shall prepare instructions for the guidance of voters at 
such election in regard to obtaining ballots, manner of marking 
them, and method of obtaining assistance in marking ballots, and as 
to obtaining new ballots in place of those accidentally destroyed, 
which cards of instructions shall be in substantially the following 
form: 

INSTRUCTIONS TO VOTERS 

(1.) On entering the polls each voter will give his name in full, 
and his place of residence, to the judge having charge of the ballots. 
The inspector, or one of the judges or clerks will then ascertain if 
the name of the voter appears on the precinct register, and, if so, 
the voter will be given a ballot on the stub of which will be written 
the initials of the judge delivering the same, and the register num¬ 
ber of the voter. 

(2.) The voter will then repair to a booth provided for that pur¬ 
pose, and there mark or stamp his ballot. If he wishes to vote a 
straight ticket he may place a cross in the square at the top of the 
column under the name of the party and for whose candidate he 
wishes to vote, otherwise he will mark his ballot with an “X” in the 
square opposite the name of each candidate whose name is printed 
on the ballot for whom he desires to . vote. 

(3.) If the voter desires to vote for any person whose name is 
not printed on the ballot, he will write the name of such person on 
the plank lines immediately below the names of all the candidates 
printed on the ballot for the particular office for which he desires to 


ELECTION LAWS ARIZONA 1913, AMENDED 


25 


vote for such person, and mark the same with an “X” in the square 
opposite such blank line. 

(4.) If the voter, by reason of infirmity, or for any reason, is 
physically unable to mark his ballot, he may obtain the assistance of 
two judges of opposite political parties in marking the same. When¬ 
ever any voter shall, for any such reason, request assistance in 
marking his ballot, two judges, not of the same political party, shall 
accompany him to the booth, and there very distinctly state to him 
the names of the several candidates for each office, and the political 
parties by which they were nominated, and shall ask the voter for 
what candidate he desires to vote, and shall thereupon mark his 
ballot correctly. Neither of the judges shall in any way attempt 
to influence the voter in his choice of candidates, nor in any wise 
suggest or recommend that he vote for any particular candidate, or 
for the candidate of any political party. 

(5.) If any voter shall accidentally spoil his ballot, he shall pre¬ 
sent the same so folded as to conceal any marks thereon, to the 
judge having charge of the ballots, who shall thereupon, without 
opening such spoiled ballot, deliver to the voter another ballot, and 
the spoiled ballot shall thereupon be strung upon a string, without 
opening, and returned with the other returns of the election. This 
process may be repeated until the voter has received three ballots, 
but no more. 

The board of supervisors shall furnish to the inspector in each 
election precinct at least five of such cards, at the time and in the 
same manner as the printed ballots are furnished. Such inspector, 
before the opening of the polls on election day, shall post one of 
said cards of instruction and one sample ballot in plain view in the 
room where the ballots are cast, and at least four of said cards and 
four sample ballots in and about the polling place. The board shall 
also cause to be printed such number of sample ballots printed on 
colored paper as they may deem necessary. 

2944. The several boards of supervisors, recorders and clerks 
aforesaid shall deliver or cause to be delivered, by mail or other 
reliable method, to the inspector aforesaid, one package containing 
a number of ballots, not fewer than three times the number of voters 
whose names appear on the precinct register as voters of the dis¬ 
trict, precinct, county, town or city for which they are printed. Such 
official ballots shall be delivered to such inspector at least forty-eight 
hours before the hour for opening the polls on election day, unless 
prevented by some unavoidable delay or accident, to be established 
by affidavit of election officers or bearers of ballots. Said official 
ballots shall be sent in sealed packages, with marks on the outside 
of such package clearly designating the polling place for which they 


26 


ELECTION LAWS ARIZONA 1913, AMENDED 


are intended, and the number of ballots enclosed. Such inspector 
shall, on delivery to him of such package, return receipts therefor to 
the board of supervisors, recorder or clerk from whom received. 


CHAPTER VIII 

CONDUCT OF ELECTIONS 

2945. The polls shall be opened in every precinct at six o’clock 
A. M. on the day of election, and shall be closed at six o’clock P. M. 
The inspector shall cause the election marshal to make proclamation 
of the opening of the polls; also to make proclamation of the closing 
of the polls one hour and thirty minutes before closing; fifteen min- 
utes before closing; and at the moment of closing the polls. The 
inspector and two judges shall determine between them when the 
hour for closing the polls has arrived; provided, that any person who 
may at the moment of closing be within the polling place shall be 
allowed ten minutes in which to fill out and deposit his ballot, the 
same as if the polls were still open. 

2946. On the opening of the polls at each polling place, the in¬ 
spector shall produce the sealed package of official ballots and pub¬ 
licly open it and deliver one book or block of ballots therein con¬ 
tained to the judges herein provided for. The other blocks or books 
of ballots, if any, shall be retained by the inspector until they are 
called for by the judges and needed for the purpose of voting. 

2947. Before receiving any ballots the board must, in the pres¬ 
ence of any persons assembled at the polling place, open and ex¬ 
hibit and close the ballot box; and thereafter it must not be removed 
from the polling place or presence of the bystanders until all the 
ballots are counted, nor must it be opened until after the polls are 
finally closed. 

2948. Before the board receive any ballots, they must cause it 
to be proclaimed aloud at the place of election that the polls are 
open. 

2949. Voting may commence as soon as the polls are opened, and 
may be continued during all the time the polls remain open. 

2950. At least ten days before any election to be held in this 
state, the board of supervisors shall appoint not less than two or 
more than four persons to act and be known as clerks for each 
polling place within their jurisdiction. An equal number of such 
clerks shall be appointed from the two opposing political parties 
casting the highest number of votes at the last preceding election. 

2951. In addition to the officers and clerks specified in this title, 
the board of supervisors shall appoint an election marshal. The 
election marshal shall be a qualified voter, and his name must be 
upon the precinct register to be eligible for the office. He shall 



ELECTION LAWS ARIZONA 1913, AMENDED 


27 


also preserve order at the polls during the hours which they are 
open; shall permit no violation of the election laws of the state, in 
so far as such violation may come to his notice. For the purposes 
of this title the election marshal shall be clothed with the powers 
and authority of a constable, and his term of office shall begin with 
the opening of the polls, and expire when the count of the ballots 
has been completed. And it is made the duty of the inspector to 
see that the election marshal strictly enforces the provisions of the 
election laws, and especially that part relating to trespassers within 
the fifty-foot limit. Said marshal shall be allowed the sum of three 
dollars by the board of supervisors for his whole service, and for 
this duty the board may, at its discretion, appoint any sheriff, deputy 
sheriff or constable as election marshal, who shall be paid the three 
dollars hereinbefore mentioned for such service. 

2952. Before opening the polls, the election marshal shall post 
three notices about fifty feet from the entrance of the building, in 
different directions, in which the election is being held, which notice 
shall read: 

FIFTY-FOOT LIMIT 

And except for the purpose of voting, no other persons shall be 
allowed to remain inside these limits while the polls are open but 
the before mentioned election officials and not more than one rep¬ 
resentative of each political organization represented on the ballot, 
such representative to be one of three appointed by the chairman 
of the local committee of such political organization. And voters 
having cast their ballot shall at once retire without the fifty-foot 
limit. And any and all persons violating any of the provisions of 
this section shall be guilty of a misdemeanor. And the board of 
supervisors shall furnish with the ballots for each precinct and 
polling place five notices as required by this section, which shall 
be printed on muslin in letters not less than two inches high. 

2953. The board of supervisors shall cause the polling place 
to be suitably provided with a sufficient number of voting booths 
or compartments furnished with convenient shelves on which voters 
may conveniently mark their ballots, and in the marking thereof 
be screened from the observation of others, and such booths shall 
he supplied with proper conveniences, including pens, pen holders, 
ink, blotting paper, and pencils, as will enable the voter to prepare 
his ballot for voting. A guardrail shall be so constructed and placed 
that only persons as are inside of said rail can approach within six 
feet of the ballot boxes or such voting booth or compartments. The 
arrangements shall be such that neither the ballot boxes nor the 
voting booths or compartments shall be hidden from view of those 
just outside the guardrail. Each booth or compartment shall be at 


28 


ELECTION LAWS ARIZONA 1913, AMENDED 


least three feet quare and contain a shelf at least one foot wide ex¬ 
tending across one side of such booth or compartment at a conven¬ 
ient height for writing. No person other than the election officers 
and voters admitted as hereinafter provided shall be permitted with¬ 
in said guardrail, except by authority of the election officers for the 
purpose of keeping order and enforcing the law. The officers charged 
with providing booths or compartments shall also furnish for each 
polling place the required ballot boxes, with locks, which shall be 
large enough to properly receive and hold the ballots cast for candi¬ 
dates for office in conformity with the provisions of this title. 

2954. One of the judges of election shall keep the bailors within 
the polling place and in plain view of the public, and deliver them 
only to qualified voters. Every qualified voter, before receiving 
his ballot, shall announce his name and place of residence in a clear, 
audible tone of voice to the judge in charge of the ballots, or present 
his name and residence, in writing, and if such name is found upon 
the precinct register by the election officer having charge thereof, 
or the voter presents a certificate as provided by law, showing that 
he is entitled by law to vote in the precinct, he shall repeat the 
name, and the voter shall be allowed to enter the space enclosed by 
the guardrail; his name shall be entered by the poll clerks, and each 
voter’s name shall be numbered consecutively by the poll clerks, 
with the number upon the stub of the ballot delivered to him, and 
in the order of the respective applications for ballots; the judge 
having charge of the ballots shall also write his initials upon said 
stub and the voting number of such voter as it appears upon the 
precinct register, and such judge shall give him one, and only one, 
ballot, and his name shall be immediately checked on the precinct 
register. 

2955. On receiving his ballot the voter shall forthwith, and with 
out leaving the polling place or going outside of said guardrail, re¬ 
tire alone to one of the booths or compartments not occupied by any 
other person, and prepare his ballot by placing a cross (X) opposite 
the name of the candidate of his choice for each office to be filled, 
or by filling in the name of the candidate of his choice in the blank 
space provided therefor and marking a cross opposite thereto; and 
in case of a question submitted to the vote of the people, by mark¬ 
ing in the appropriate margin or space a cross (X) opposite the 
answer which he desires to give. Before leaving the booth or com¬ 
partment, the voter shall fold his ballot lengthwise and crosswise, 
but in such a way that the contents of the ballot shall be concealed 
and the stub can be removed without exposing any of the contents 
of the ballot, and shall keep the same folded until he has delivered 
the same to the inspector as in this section provided. After the 


ELECTION LAWS ARIZONA 1913, AMENDED 


29 


ballot is so folded and so delivered to the inspector, or judge acting 
as such, the inspector or judge shall receive the ballot and before 
depositing it in the ballot box must, in an audible tone of . voice, an¬ 
nounce the name and stub number of the ballot of the person vot¬ 
ing, and such inspector shall, in the presence of the election board, 
thereupon remove the stub without opening the ballot and deposit 
the ballot in the ballot box, and string the stub upon a string to be 
provided for that purpose. The voter shall then proceed outside the 
guardrail by the exit thereof, and shall not again enter such enclosed 
space during such poll unless he is an election officer. No voter 
shall be allowed to occupy a voting booth or compartment for more 
than five minutes when other voters are waiting to occupy the same. 
No inspector shall receive any ballot from any voter unless the stub 
remains attached to the ballot. 

2956. No person shall take or remove any ballot from the polling 
place before the close of the polls. If any voter spoil a ballot he 
may successively obtain others, one at a time, not exceeding three 
in all, upon returning each spoiled one. Each spoiled ballot shall 
be folded by the voter so as not to disclose any marks thereon, and 
upon the same being returned, the inspector and one of the judges 
shall write thereon the words “Returned spoiled,” and sign their 
names thereto, and shall thereupon, without opening such spoiled 
ballot, string the same upon a string to be provided for that pur¬ 
pose, and return the same with the stubs of voted ballots to the board 
of supervisors, or the city or town clerk from whom the ballots were 
originally received. 

2957. Each clerk must keep a list of persons voting, and the 
name of each person who votes must be entered thereon and num¬ 
bered in the order of voting. 

2958. Should any voter, on account of physical inability be un¬ 
able to mark his ballot, he may request assistance in marking the 
same; upon such request being made, two judges, not of the same 
political party, shall repair with the voter to a booth and shall there¬ 
upon mark the ballot in accordance with the directions of the voter; 
neither of the judges shall in any way attempt to influence the voter 
in his choice of candidates, nor suggest or recommend that he vote 
for any particular candidate or the candidate of any political party. 

2959. If the voter marks more names than there are persons to 
be elected to an office, or if for any reason it is impossible to de¬ 
termine the voter’s choice for any office to be filled, his ballot shall 
not be counted for such office. No ballots without the official en¬ 
dorsement shall, except as herein otherwise provided, be allowed 
to be deposited in the ballot box, and none but ballots provided in 
accordance with the provisions of this title shall be counted. Bal- 


30 


ELECTION LAWS ARIZONA 1913, AMENDED 


lots not counted shall be marked defective on the backs thereof, 
and be preserved and returned to the board of supervisors or re¬ 
corder or clerk from whom received as hereinbefore provided. 

2960. A person offering to vote may be orally challenged by any 
elector of the county upon either or all of the following grounds: 

(1.) That he is not the person whose name appears upon the 
register. 

(2.) That he has not resided within the state for one year next 
preceding the election. 

(3.) That he has not resided within the county or precinct for 
thirty days next preceding the election. 

(4.) That he has voted before that day. 

(5.) That he has been convicted of a felony. 

(6.) That he has made a bet on the result of the election. 

(7.) That not being prevented by physical disability from doing 
so, he is unable to read the constitution of the United States in the 
English language in such manner as to show he is neither prompted 

nor reciting from memory or is unable to write his name. 

2961. Upon challenge being made, the one so challenged, if he 

appears to be registered, shall take and subscribe to the oath pre¬ 
scribed in blank “A” and, if he so elect may be at once sworn to 

answer fully and truly all such questions as may be put to him by 

the inspector; provided, such questions are pertinent and material 
to the challenge made; and if, after such examination, a majority of 
the board shall be satisfied that the challenge is not true, the one 
challenged shall be permitted to vote, else not, and if such chal¬ 
lenge be upon the seventh ground specified in the preceding section 
the party challenged shall be required to read any section of the 
Constitution of the United States that may be designated by the 
inspector and may be required to write his name, and if thereupon 
a majority of the board shall be satisfied that the challenge is not 
true the one challenged shall be permitted to vote, else not. 

2962. If the challenge is determined against the person offering 
to vote, the ballot offered must, without examination, at once be 
destroyed in his presence by the inspector; if determined in his favor, 
the ballot must be deposited in the ballot box. 

2963. If any person challenged refuses to take the oath tendered, 
or refuses to be sworn and to answer the questions touching the mat¬ 
ter of residence, he must not be allowed to vote. 

2964. The election board, in determining the place of residence 
of any person, must be governed by the following rules, so far as 
they are applicable: 

(1.) That place must be considered and held to be the residence 


ELECTION LAWS ARIZONA 11+13. AMENDED 


31 


of a person in which his habitation is fixed, and to which whenever 
he is absent, he has the intention of returning. 

(2.) A person must not be held to have gained or lost his resi¬ 
dence by reason of his presence or absence from a place while em¬ 
ployed in the service of the United States or of this state, nor while 
engaged in navigation, nor while a student in an institution of learn¬ 
ing, nor while kept in an almshouse, asylum or prison. 

(3.) A person must not be considered to have lost his residence 
who leaves his home to go to another state or county of this state 
or foreign country for temporary purposes merely, with the inten¬ 
tion of returning. 

(4.) A person must not be considered to have gained a residence 
in any county into which he comes for temporary purposes merely, 
without the intention of making such county his home. 

(5.) If a person removes to another state or territory with the 
intention of making it his residence, he loses his residence in this 
state. 

(6.) If a person removes to another state or territory with the 
intention of remaining there for an indefinite time, and as a place 
of present residence, he loses his residence in this state, notwith¬ 
standing he entertains an intention of returning at some future 
period. 

(7.) The place where a man’s family resides must be held to be 
his residence; but if it be a place of temporary establishment for his 
family, or for transient objects, it is otherwise. 

(8). If a man have a family fixed in one place and he does 
business in another, the former must be considered his place of resi¬ 
dence; but any man having a family and who has taken up his 
abode with the intention of remaining, and whose family does not so 
reside with him, must be regarded as a resident where he has so 
taken up his abode. 

(9.) The mere intention to acquire a new residence without the 
fact of removal avails nothing; neither does the fact of removal 
without the intention. 

2965. The term of residence must be computed by including the 
day on which the person’s residence commenced, and by excluding 
the day of election. 

2966. Before administering an oath to a person touching his 
place of residence, the inspector must, if requested by any person, 
read to the person challenged the rules prescribed herein. 

2967. The board must cause one of the clerks to keep a list, 
showing: 

(1.) The names of all persons challenged. 

(2.) The grounds of such challenge. 



32 


ELECTION LAWS ARIZONA 1913, AMENDED 


(3.) The determination of the board upon the challenge. 

2968. No person shall do any electioneering on election day 
within any polling place, or in any public street or room, in a pub¬ 
lic manner, within one hundred and fifty feet of any polling place. 
No person shall remove any official ballot from any polling place 
before the closing of the polls. No person shall show his ballot, 
after it is prepared for voting, to any person in such a way as to 
reveal the contents, nor shall any person solicit the voter to show 
the same; nor shall any person (except an inspector of election) 
receive from a voter a ballot prepared for voting. No voter shall 
receive an official ballot from any other person than one of the 
judges having charge of the ballots, nor shall any other person, 
other than such judge, deliver an official ballot to such voter. No 
\oter shall place any mark upon his ballot by means of which it can 
be identified as the one voted by him. Every voter who does not 
vote or deliver, in the manner hereinbefore by this title provided, 
the ballot received by him from the judge shall, before leaving the 
polling place or going outside the guardrail, return each such ballot 
to the judges. Whoever shall violate any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and, upon convic¬ 
tion thereof, shall be confined in the county jail not less than one 
month nor more than six months. 

2965. Any person entitled to vote at a general election held 
within this state shall, on the day of such election, be entitled to 
absent himself from any service or employment at which he is then 
engaged or employed for a period of two hours between the time of 
opening and the time of closing the polls; and such voter shall 
not, because of so absenting himself, be liable to any penalty, nor 
shall any deduction be made on account of such absence, from his 
usual salary or wages; provided, however, that application shall be 
made for such leave of absence prior to the day of election. The 
employer may specify the hours during which said employee may 
absent himself as aforesaid. Any person or corporation who shall 
refuse to an employee the privilege hereby conferred, or who shall 
subject an employee to a penalty or reduction of wages because of 
the exercise of such privilege, or who shall, directly or indirectly, 
violate the provisions of this section, shall be guilty of a mis¬ 
demeanor. 

2970. A voter who shall, except as herein otherwise provided, 
allow his ballot to be seen by any other person with intention of 
letting it be known how he is about to vote, or who shall make a 
false statement as to his inability to mark his ballot, or any person 
who shall interfere with any voter inside of said enclosed space 
who shall endeavor to induce any voter to vote for any particular 


ELECTION LAWS ARIZONA 1913, AMENDED 


33 


candidate within the building in which the voting is proceeding, 
shall be punished by a fine of fifty dollars or fifty days in the 
county jail, and it shall be the duty of the election officers to see 
that the offender is duly brought before the proper court for the 
recovery of such penalty. 

2971. Any person who shall, prior to an election, wilfully de¬ 
face or destroy any list of candidates posted in accordance with the 
provisions of this title, or who, luring an election, shall wilfully 
deface, tear down, remove or destroy any card of instructions ported 
for the instruction of voters, or who shall, during election, wilfully 
remove or destroy any of the supplies or conveniences furnished to 
enable a voter to prepare his ballot, or shall wilfully hinder the 
voting of others, shall be punished by a fine of fifty dollars, or fifty 

days in the county jail. 

\ 

2972. Any person who shall forge or falsely make the official 
endorsement of any ballot, or wilfully destroy or deface any ballot 
or wilfully delay the delivery of any ballots, shall be punished by a 
fine of one hundred dollars, or one hundred days in the county jail. 

2973. Any public officer upon whom a duty is imposed by this 
title who wilfully neglects to perform such duty, or who shall wil¬ 
fully perform it in such way as to hinder the objects of this title, 
shall be punished by a fine of two hundred dollars, or two hundred 
days in the county jail. 

2974. Any person or persons introducing in any way upon elec¬ 
tion day into the building or room where an election is being held, 
or within the fifty-foot limit, any spirituous or malt liquors, and any 
inspector, judge or clerk of election, or election marshal drinking 
such liquors in such place, or being intoxicated therein on election 
day, or during the canvassing of the vote, shall be deemed guilty of 
a misdemeanor. 


CHAPTER IX 

POLL LISTS 

2975. The following is the form of poll lists and tally lists to 
be kept by boards and clerks of election: 

POLL LISTS 

Of the election held in the precinct of.in the 

county of.on the.day of. 

in the year A. D. one thousand, nine hundred and., A. B., 

0. D. and E. F., judges, and C. H. and J. K., clerks of said election, 
were respectively sworn (or affirmed), as the law directs, previous 
to their entering on the duties of their respective offices. 








34 


ELECTION* LAWS ARIZONA 1913. AMENDED 


NUMBER AND NAME OF ELECTORS VOTING 


No. 

Name 

No. 

Name 

1 

A. B. 

3 

E. F. 

2 

C. D. 

4 

G. H. 


We hereby certify that the number of electors voting at this 
election amounts to. 


Attest: 


G. 

H. 

A. 

J. 

K. 

C. 


Clerks. 

E. 


B. 

D. 

F. 

Board of Election. 


TALLY LISTS 

2976. Names of persons voted for, and for what office, contain¬ 
ing the number of votes given for each candidate. 


Names of Office—Can- 

didate Voted for: 


Tally of Votes 

Total Vote 

For Representative in 





Congress: 





Name 

IIIII 

IIIII 

mu mlI 

IIIII 25 

Name 

mu 

IIIII 

mm mu 

20 

For Governor: 





Name 

mu 

IIII 


9 

Name 

mu 

IIII 


9 

For Constable: 





Name 

mu 

IIIII 


10 

Etc., etc., etc. 

etc. 

etc. 


etc. 





















ELECTION LAWS ARIZONA 1913, AMENDED 


35 


We certify that. 

representative in congress, etc., etc. 


had twenty-five votes for 


A. B. 
C. D. 


G. H. 
I. K. 


Clerks. 


L. M. 


Board of Election. 


2977. No lists, tally, paper or certificate returned from any elec¬ 
tion must be set aside or rejected for want of form, nor on account 
of its not being strictly in accordance with the directions of this 
title, if it can be clearly understood. 

2978. Every act declared to be an offense by the general elec¬ 
tion law shall be such under this chapter ,and any person found 
guilty of such offense shall be subject to the penalties prescribed by 
such election law. 

2979. If the names of more persons are designated on any bal¬ 
lot found in the ballot box for the same office than are to be chosen 
for such office, then, except in the cases provided for in the next 
section, all the names designated for such offices must be rejected, 
and the fact of such rejection, and the reason therefor, must, at 
the time of such rejection, be noted on the ballot and signed by a 
majority of the election board. 

2980. When upon a ballot found in any ballot box a printed 
name and a name written in ink or with pencil appears, followed 
by a cross in the proper square, and there are not so many persons to 
be chosen for the office, the printed name must be rejected and 
the written one counted, and the fact must at the time be noted 
on the back of the ballot, and such note must be signed by a major¬ 
ity of the election board. 

2981. If a ballot is found in any ballot box containing the name 
of the person and the office for which he is designated, or either 
two or more times, it must not for that reason be rejected; it must 
be counted as one ballot. 

2982. When a ballot found in any ballot box bears upon it any 
impression, device, or color, or thing, or is folded in a manner in¬ 
tended to designate or impart knowledge of the person who voted 
such ballot, it must, with all its contents be rejected. 

2983. Whenever the board of election rejects a ballot, it must, 
at the time of such rejection, cause to be made thereon and signed 
by a majority of the board an indorsement of such rejection and of 
the causes thereof. 

2984. All rejected ballots must be preserved and returned in the 
same manner as other ballots. 

2985. Whenever a question arises in the board as to the legal- 



36 


ELECTION LAWS ARIZONA 1913, AMENDED 


ity of a ballot, or any part thereof, and the board decide in favor 
of the legality, such action, together with a concise statement of 
the facts that give rise to the objection, must be indorsed upon the 
ballot and signed by a majority of the board. 


CHAPTER X 

CANVASSING AND RETURNING THE VOTE 

2986. As soon as the polls are finally closed the election board 
must immediately proceed to canvass the votes given at such elec¬ 
tion. The canvass must be public, in the presence of bystanders ,and 
must be continued without adjournment until completed and the 
result thereof is declared. 

2987. The canvass must be commenced by faking out of the box 
the ballots unopened except so far as to ascertain whether the num¬ 
ber of ballots correspond with the number of names on the list of 
voters kept by the clerk. 

2988. If two or more separate ballots are found so folded to¬ 
gether as to present the appearance of a single ballot, they must 
be laid aside until the count of the ballots is completed, then, if 
upon comparison of the count with the number of names of electors 
on the lists which have been kept by the clerks, it appears that the 
two ballots thus folded together were cast by one elector, they must 
be destroyed. 

2989. If the ballots in the box are still found to exceed in num¬ 
ber the names on the lists, they must be replaced in the box, and 
one of the judges must publicly and without looking in the box 
draw out therefrom, singly, and destroy, unopened, a number of 
ballots equal to such excess, and the board of election must record 
on the poll lists the number of ballots destroyed. 

2990. The number of ballots agreeing or being thus made to 
agree with the number of names on the lists, the lists must be 
signed by the members of the board and attested by the clerks, and 
the number of names thereon must be set down in words and figures 
at the foot of each list, and over the signatures of the judges and the 
attestation of the clerks. 

2991. After the lists are thus signed, the board must proceed to 
count and ascertain the number of votes cast for each person voted 
for. The ballots must be taken out and opened by one of the mem¬ 
bers of the board, and the ticket must be distinctly read. 

2992. Each clerk must write down each office to be filled, and 
the name of each person voted for to fill such office, and keep the 
number of votes by tallies as they are read aloud. 

2993. The tickets, as soon as read, or rejected for illegality, 
must be strung on a string by one of the judges, and must not there- 



ELECTION LAWS ARIZONA 1913, AMENDED 


37 


after be examined by any person, but must, as soon as all are counted, 
be carefully sealed in a strong envelope, each member of the board 
writing his name across the seal. 

Avery vs. Williams, 8 Ariz. 355—76 Pac. 463. 

2994. As soon as all the votes are counted and the tickets sealed 
up lists must be attached to the tally lists containing the names of 
persons voted for, and for what office, and the number of votes given 
for each candidate, the number being written at full length, and such 
lists must be signed by the members of the board and attested by 
the clerks. 

2995. The board must, before it adjourns, inclose in a cover, and 
seal up and direct to the clerk or the board of supervisors, one of 
the lists of the persons challenged, one copy of the list of voters, 
and one of the tally lists and list attached thereto, and the stubs 
of the voted ballots. 

The board must also, immediately upon signing the list provided 
in the preceding section, transcribe upon a certificate, which, to¬ 
gether with an appropriate envelope for the same, the board of super¬ 
visors shall supply all election boards, the result of the election, set¬ 
ting opposite the name of each candidate the total vote for such can¬ 
didate, and mail said certificate so filled out to the boards of super¬ 
visors at once in the separate envelope provided for this purpose. 
Said certificate shall be signed by the inspector and attested by the 
clerks. 

2996. The copy of the precinct register used at the election 
must be returned by the election board to the county recorder, the 
city clerk or other officer from whom the ’same was received. 

2997. The inspector must retain, open to the inspection of all 
electors, for at least six months, the other list of voters, tally list 
and list attached thereto. 

2998. The - sealed packages containing the lists, papers and bal¬ 
lots must, before the board adjourns, be delivered to one of its num¬ 
ber, to be determined by lot, unless otherwise agreed upon. 

2999. The member to whom such packages are delivered must, 
without delay, deliver such packages, without their having been 
opened, to the clerk of the board of supervisors at his office, nearest 
postmaster or sworn express agent, who shall endorse on such pack¬ 
ages the name of the party delivering them, and date of such delivery. 
If delivered to a postmaster or express agent, such postmaster or 
express agent shall forward the packages by the first mail or express 
to the county seat. 

30C0. Upon receipt of the packages,, the clerk must deposit in 
the safe of the county treasurer the one containing ballots, who must 
keep it unopened and unaltered for six months, after which time, if 


38 


ELECTION LAWS ARIZONA 1913, AMENDED 


there is no contest commenced, he must burn the packages, without 
opening or examining the contents. 

Averyt vs. Williams, 8 Ariz. 355—76 Pac. 463. 

3001. If within six months there is such a contest commenced, 
the treasurer must keep the package, unopened and unaltered, until 
it is finally determined, when he must, as provided in the pre¬ 
ceding section, destroy it, unless such package is, by virtue of an 
order of the tribunal in which the contest is pending, brought and 
opened before it to the end that evidence may be had of its con¬ 
tents, in which event the package and contents are in the custody 
of such tribunal. 

3002. The other package the clerk of the board of supervisors 
must produce before the board of supervisors when it is in session 
for the purpose of canvassing returns. 


CHAPTER XI 

CANVASS OF RETURNS—DECLARATION OF RESULT—COM¬ 
MISSIONS AND CERTIFICATES OF ELECTION. 

3003. The board of supervisors of the county must meet at its 
usual place of meeting on the second Monday after each election to 
canvass the returns. 

3004. If, at the time of meeting, the returns from each precinct 
in the county in which the polls were opened have been received, the 
board must then and there proceed to canvass the returns, but if 
all the returns have not been received, the canvass must be post¬ 
poned from day to day until all of the returns are received, or until 
six postponements have been had. 

3005. The canvass must be made in public, and by opening the 
returns and determining the vote of such county or district for each 
person voted for and for and against each proposition voted upon at 
such election, and declaring the result thereof. 

3006. The clerk of the board must, as soon as the result is de¬ 
termined, enter on the records of such board a statement of such 
result, which statement must show: 

(1.) The whole number of votes cast in the county: 

(2.) The names of the persons voted for; and the propositions 
voted upon; 

(3.) The office to fill which each person was voted for; 

(4.) The number of votes given at each precinct to each of such 
persons, and for and against each of such propositions; 

(5.) The number of votes given in the county to each of such 
persons, and for any against each of such propositions. 

3007. The board must declare elected the person having the 



ELECTION LAWS ARIZONA 1913, AMENDED 


39 


highest number of votes given for each office to be filled by the votes 
of a single county or subdivision thereof. 

3008. The clerk of the board of supervisors shall immediately 
make out and deliver to or send to him a certificate of election, 
signed by the said clerk of the board of supervisors and authenti¬ 
cated with the seal of the office of the board of supervisors. 

3009. No declaration of the result, commission or certificate 
must be withheld on account of any defect or informality in the re¬ 
turn of any election, if it can with reasonable certainty be ascer¬ 
tained from such return what office is intended and who is elected 
thereto. 


CHAPTER XII 

PRIMARY ELECTIONS 

3010. On the eighth Tuesday prior to any general or special elec¬ 
tion at which candidates for public office are to be elected, there 
shall be a primary election at which each and every political party 
entitled, and intending to make nominations for the said ensuing 
general or special election, shall, if such party desires to have the 
names of its candidates printed on the official ballot at said election, 
nominate their candidates for all elective, or advisorily elective, 
senatorial, congressional, state, judicial, county and precinct offices 
to be filled at such election; provided that nominations entitling 
candidates to have their names printed on the official ballot for any 
special election held for the purpose of filling a vacancy in any 
office or offices, caused by death, resignation, or removal, may be 
made by delegate convention, if, in the judgment of the secretary 
of state and the attorney general, the time is too short in which to 
hold a primary election, or the cost of holding the same would be 
excessive or unnecessarily burdensome; and provided further, that 
such primary election for the nomination of candidates entitling 
nominated candidates to have their names printed on the official 
ballots at municipal elections in incorporated cities and towns shall 
be held not less than thirty days prior to said election. 

3011. At least sixty days before the date of any regular primary 
election, the secretary of state shall prepare and transmit to the 
board of supervisors of the several counties of the state a notice in 
writing designating the offices for which candidates are to be nom¬ 
inated at such primary election. Upon receipt of such notice each 
clerk of the board of supervisors shall forthwith publish so much 
thereof as may be applicable to his county, once each week for three 
consecutive weeks in not more than one newspaper of general cir¬ 
culation in the county, provided, such printed notice shall contain 
only a reference to the law under which the primary is to be held. 



40 


ELECTION LAWS ARIZONA 1913, AMENDED 


the date of the primary and the offices to be filled and shall be sub¬ 
stantially in the following form: 

“A primary election is hereby called in the several precincts of 

.County, under the provisions of the law relating to 

primary elections, on the.day of.for the 

purpose of voting for candidates for the several parties to be nom¬ 
inated for the following offices: 


The sheriff of each county shall, immediately after the publica¬ 
tion of such notice, cause a notice of such primary to be posted in 
three public places in each precinct in his county; such notice so 
posted shall state the time when and the place where the primary 
will be held in each precinct therein, together with the offices for 
which the candidates are to be nominated and the names of persons 
constituting the primary boards. All official notices calling state or 
county primary elections shall specify that the same shall be held 
for the nomination of candidates by all political parties and for the 
nomination of non-partisan candidates, if any. Provided that in case 
of city or town primary elections, the duties herein prescribed as 
devolving upon the secretary of state shall devolve upon the mayor, 
or similar governing officer or governing board or commission, and 
the duties herein prescribed as devolving upon the clerk of the board 
of supervisors shall devolve upon the city or town clerk; and when¬ 
ever the word “county” is used, the word “city” or “town,” as the 
case may be, shall be understood to b« meant in the case of such 
city or town primary. 

3012. Any person desiring to become a candidate at a primary 
election, as herein provided, for a political party nomination or a 
non-partisan nomination, shall if he desires to have his name printed 
on the official ballot at such primary elections, not less than twenty 
days nor more than sixty days before said primary election, file a 
nomination petition as hereinafter provided. Such petition shall be 
signed by the candidate, shall give his place of residence and his 
postoffice address, shall name the party of which he desires to be¬ 
come a candidate, and shall give the date of the primary election 
and the election at which he desires to become a candidate; pro¬ 
vided that if he desires to become a non-partisan candidate this fact 
shall be stated in his petition. All such nomination petitions of 
candidates for the office of presidential elector, a United States 
senator, representative in congress, or for a state office, excepting 
members of the legislature and superior judges, and for all other 
offices for which the electors of the entire state, or a subdivision 








ELECTION LAWS ARIZONA 1913, AMENDED 


41 


thereof greater than a county, are entitled to vote, shall be filed 
with the secretary of state. All such nomination petitions of can¬ 
didates for members of the legislature, superior judges and for 
county and precinct offices for which the electors of a county or a 
subdivision of a county, other than an incorporated city or town, 
are entitled to vote shall be filed with the clerk of the board of 
supervisors. All such nomination petitions of candidates for city or 
town offices shall be filed with the city or town clerk. 

3013. In addition to the nomination petition as provided in the 
foregoing section, every candidate desiring to have his name printed 
upon the official ballot to be used at any primary election shall, not 
more than sixty days nor less than twenty days prior to such pri¬ 
mary election, file a nomination paper, if he be a candidate for presi¬ 
dential elector, United States senator, representative in congress, or 
for any state office, with the secretary of state; if for a county office, 
including members of the legislature and superior judge, with the 
clerk of the board of supervisors; and if for a city or town office with 
the clerk of the city or town, said nomination papers shall follow 
substantially the following form: 

“I, the undersigned, a qualified elector of the.precinct of 

the County of., State of Arizona, and a member of the 

.party, hereby nominate., who resides at 

.in the county of., for the party nomination for the 

office of.to be voted for at the primary election to be 

held.as representing the principles of said party, and I 

further declare that I have not signed, and will not sign, any nom¬ 
ination paper for any other person for said office (or in case said 
candidate is a candidate for the position for which more than one 
candidate is to be elected, for more than the number of candidates 
necessary to fill all of said offices at the next ensuing election). 

(Heading in Case of Cities.) 

Names of Signers. Name of City. Street No. 

Date of Signing. 

(Heading in Cast of Precincts.) 

Names of Signers. Postoffice. Date of Signing. 

All nomination papers shall have substantially the foregoing 
form, written or printed, at the top thereof. No signature shall be 
counted unless it is upon a sheet having such written or printed form 
at the top thereof. 

Each signer of a nomination paper shall sign but one such paper 
for the same office unless more than one candidate is to be elected 
to such office, and in that case no more than a number of nomina¬ 
tion papers equal to the number of candidates to be elected to such 
office, and shall add to his signature his postoffice address, and if 













42 


ELECTION LAWS ARIZONA 1913, AMENDED 


in an incorporated city, his street and number To each such nom¬ 
ination paper shall be appended a certification by a qualified elector 
entitled to vote for the candidate whose nomination paper he cer¬ 
tifies, stating that to the best of his knowledge and belief all the 
signers thereof are qualified electors of the precinct which they give 
as their residence, and that each signer is a member of the party 
the nomination of which the candidate whose name appears on such 
nomination paper is seeking. 

3014. Such nomination papers shall be filed not more than sixty 
days nor less than twenty days before the date fixed by law for said 
primary election; provided that in a special primary election called 
by a proclamation according to law nomination petitions may be filed 
not less than ten days before the date fixed by such proclamation 
for such primary election. 

3015. Such nomination papers shall be signed, 

(1.) If for a candidate for the office of presidential elector. 
United States senator, representative in congress, or for any state 
office, excepting members of the legislature and superior court judges, 
by a number of qualified electors equal to at least one per cent of 
the votes of the party of such candidate in at least three counties 

in the state, but not less than one per cent nor more than ten per 

cent of the total vote of his party in the state; 

(2.) If for a candidate for a county office, member of the legis¬ 
lature or superior judge, by at least three per cent of the party vote 
in such county, but not more than ten per cent of the total vote of 
the party designated in such county; 

(3.) If for a candidate for county precinct committeeman by at 
least three per cent of the party vote of such candidate in such 
precinct; 

(4.) If for a candidate for justice of the peace or constable, by 

at least five per cent of the party vote of such candidate in the 

precinct; 

(5.) If for a candidate for a city or town office by at least five 
per cent of the designated party vote in at least one-sixth of the 
election precincts of the city or town, but not less than five per cent 
or more than ten per cent of the vote of the party designated in the 
city or town. 

The basis of percentage in each case shall be the vote of the 
party for governor at the last preceding general election at which 
a governor was elected. 

3016. Any political organization which, at the last preceding 
general election shall have cast five per cent of the total vote in the 
state for its candidates (or in a subdivision thereof, in which a 
candidate seeks nomination of such political organization for a local 


ELECTION LAWS ARIZONA 1913, AMENDED 


43 


or county office), shall be entitled to representation on the official 
ballot as a political party, and whenever a petition signed by a num¬ 
ber of qualified electors equal to at least two per cent of the votes 
cast for governor at the last preceding general election in at least 
each of five counties of the state, shall be filed with the secretary of 
state and certified to by any affidavit of ten well known, reputable, 
qualified electors of the state, asking that the signers thereof be 
recognized as a new political party, they shall be so recognized, and 
such party shall be represented by an official ballot at the ensuing 
primary election and the succeeding general election. The same 
privilege shall inure to petitioners within a county, or a city or town, 
as to county, city or town primary elections, provided that said 
petition shall be filed with the clerk of the board of supervisors or 
the city or town clerk as the case may be, and signed by a number 
of petitioners equal to at least three per cent of the total vote of 
such county, city or town, as the case may be. at the preceding 
regular general election for the several candidates for county attor¬ 
ney or mayor, as the case may be, distributed throughout at least one- 
fourth of the election precincts of such county, city, or town as the 
case may be. Provided that such petitions as are provided for in 
this section shall be filed not more than sixty days and not less than 
thirty days preceding the primary election. 

3017. (1.) At least twelve days before the primary of the year 

1914, and of each alternate year thereafter, each clerk of the boards 
of supervisors, and at least ten days before the primary in each 
year, each city clerk shall prepare sample official tickets, placing 
thereon alphabetically under the appropriate title of each office and 
party name the names of all candidates to be voted for in each pre¬ 
cinct of his county or of his city, as the case may be, for whom nom¬ 
ination papers have been filed. Such sample ballots shall be printed 
upon tinted or colored paper and shall contain no blank endorsement 
or certificate. 

(2.) The clerk of the board of supervisors shall forthwith sub¬ 
mit the ticket of each party to the county chairman thereof, and in 
the case of city primaries, the city clerk, a ticket of each party to 
the city chairman thereof and the respective clerks shall also mail 
a copy to each candidate for whom nomination papers have been 
filed with him to his postoffice address as given in such nomination 
paper and each of said clerks shall post a copy of each sample ballot 
of his respective city or county, as the case may be, in a conspicu¬ 
ous place in his office. 

(3.) The chairman of each party shall on or before the tenth 
day preceding such primary suggest to the clerk of the board of 
supervisors or the city clerk, as the case may be, any change that 


44 


ELECTION LAWS ARIZONA 1913, AMENDED 


he may consider shall be made in his party ticket, and, if upon exam¬ 
ination the clerk shall find any error or omission in said ticket, he 
shall correct the ticket and cause the same to be printed and dis¬ 
tributed as required by law in the case of ballots for general elec¬ 
tion, except that the number of tickets of each party to be furnished 
to each precinct shall be twice the number of votes cast thereat for 
the candidates receiving the highest number of votes by the respec¬ 
tive parties in the last preceding general election, and provided, that 
in case of nomination petitions are filed by a new party, the number 
of ballots provided shall be twice the number of votes the clerk of 
the board of supervisors estimates such party will cast. 

(4.) The ballot shall be substantially in the following form: 

To be torn off by Inspector No. 

For Presidential Vote 

Elector. for Three 


John Doe. 


John Doe. 


John Doe. 


Congressional. 

Senator. Vote 

For United States for One 


John Doe. 


John Doe. 


John Doe. 


































ELECTION LAWS ARIZONA 1913, AMENDED 


45 


For Representative in 

Vote 

Congress. 

for One 

John Doe. 


John Doe. 


John Doe. 




• 


State. 


Judicial 


For Judge of the Supreme 

Court. 

Vote 

for Three 

John Doe. 


John Doe. 

' 

John Doe. 


John Doe. 


John Doe. 

i 

i 

John Doe. 

1 

i 

























































46 


ELECTION LAWS ARIZONA 1913, AMENDED 


For Governor. 

Vote 
for One 

John Doe. 


John Doe. 


John Doe. 


• 


Legislative. 


Senator. 

Vote 

For State 

for Two 


! 


John Doe. 


John Doe. 


John Doe. 

• 





County. 


For Sheriff. 

Vote 
for One 

John Doe. 

































ELECTION LAWS ARIZONA 1913, AMENDED 


47 


John Doe. 




Party. 


For Precinct 

Committeeman. 

Vote 
for One 

John Doe. 


John Doe. 





(Indorsement) 
(Official Primary Ticket.) 


.Party 

Precinct.Ward, city or county 

..September.1916. 


Clerks. 

We certify the within ticket was marked by us for an elector, in¬ 
capable under the law of marking his own ticket, as directed by him. 


Judges. 

We certify the within ticket was marked by us for a blind elector 
at his request as directed by him. 


Judges. 









































48 


ELECTION LAWS ARIZONA 1913, AMENDED 


OFFICIAL PRIMARY TICKET 
City Election, 


.Party 

To vote for a person whose name is printed on the ticket, mark 
a cross (X) in the square at the right of the name of the person for 
whom you desire to vote. 

To vote for a person whose name is not printed on the ticket, 
write his name in the blank space provided for that purpose and 
mark a cross (X) in the square to the right. 

City. 

Mayor Vote for one 


John Doe. 


Clerk 


Vote for one 


John Doe. 

Precinct Committeeman Vote for 

John Doe. 

(Indorsement) 

OFFICIAL PRIMARY TICKET. 

..Party. 

.Precinct.Ward.City. 


Clerks. 


19. 


We certify the within ticket was marked by us for an elector in¬ 
capable, under the law, of marking his own ticket, and as directed 
by him. 


Judges. 

3C18. (1) The primary board shall consist of one inspector and 

two judges, who, together with two clerks shall be appointed and 
paid in like manner as provided for boards of election. 

(2) The provisions of existing statutes concerning elections, and 
any amendment now or hereafter made thereto so far as they are not 


























ELECTION LAWS ARIZONA 1913, AMENDED 


49 


inconsistent with the provisions of this chapter, shall apply to pri¬ 
mary elections, the intent being to place the primary under the regu¬ 
lations and protection of the laws in force as to elections, provided, 
that all the powers and duties conferred are imposed by the laws of 
this state upon boards of election, registration officers, judges and 
clerks of election, canvassing boards and all other public officials in 
connection with general election, are in every detail and particular 
conferred and imposed upon each and all such officers, in connection 
with primary elections. 

(3) At all primaries there shall be provided a separate ticket for 
each party entitled to participate in the primary, and also a blank 
ticket on which shall be printed only the titles of the officers to be 
voted for by the electors at the polling place for which the ticket 
is printed. Each party ticket shall be designated by the name of the 
party. The names of all party candidates shall be arranged as here¬ 
inafter provided, under the appropriate title of the respective offi¬ 
cers, and under the proper party name upon the party ticket. If any 
elector writes upon his ticket the name of any person who is a candi¬ 
date for any office upon some other ticket than that upon which his 
name is so written such elector shall thereby invalidate vote on that 
particular office, but the vete cn the balance of the ticket shall be 
co; nted. In case a person is nominated on more than one ticket, he 

X. , 

shall forthwith file with the proper officer or officers in charge of the 
preparation of elections ballots, a written declaration indicating the 
party named under which his name is to be printed on the official 
election ballot, and his name shall be printed only under said party 
name. The ticket with the endorsements shall be in substantially the 
form herein prescribed; provided, that tickets for any city primary 
may be varied as to the title of the officers to be printed thereon 
so as to conform to the law' under which such primary is to be held. 

(4) Any person desiring to vote shall give his name and resi¬ 
dence to the judges of the primary, one of whom shall thereupon an¬ 
nounce the same in a loud and distinct tone of voice, and if such 
name be found upon the precinct register by the officers having charge 
thereof, or if he shall have produced and filed with the election board 
a certificate, as provided by law, entitling him to vote, he shall like¬ 
wise repeat said name and the voter shall be allowed to enter the 
space enclosed by the guard rail. The clerk shall thereupon place 
his name and number upon the poll list. Whereupon one of the 
judges designated by the primary board shall give the voter one, 
and only one, ticket cf the party with which he or she is affiliated, 
as appears from the precinct register, in the upper right hand corner 
of the stub of which shall be inscribed with pen and ink, the number 
corresponding with the voter’s number upon the poll list, and the 







50 


ELECTION LAWS ARIZONA 1913, AMENDED 


voter's name shall be immediately checked on the register. If any 
person desiring to vote at any primary shall be challenged, he shall 
not receive a ticket until he has established his right to vote in the 
manner provided by law. but during the pendency of such challenge 
other voters shall be given tickets and permitted to vote. 

3019. The precinct committee of each party in each precinct 
may, by written appointment addressed to the board, designate a party 
agent or representative and an alternate in such precinct who shall 
act as challenger for his respective party. The right of any person 
to vote at a primary may be challenged by any elector upon the same 
ground and his right to vote determined in the same manner as pro¬ 
vided by Chapter VIII of this Title. 

A precinct committeeman of each party may represent such 
party at the polling booth during the canvass and return of vote at 
a primary election, or he may appoint, in writing, an agent who shall 
be a member of his party and a resident elector of his precinct for 
that purpose. 

Section 2. All acts and parts of acts in conflict with this act are 
hereby repealed. 

Approved March 22. 1915. 

3020. Whenever there shall be two or more candidates for any 
nomination the names of all candidates for such nomination shall 
be so alternated that upon the ballots used in each election precinct 
the name of each candidate shall appear substantially an equal num¬ 
ber of times at the top. at the bottom, and in each intermediate place, 
if any. of the list or group in which they belong. In printing the 
ballots, first the forms shall be set up with the names of candidates 
in each group in alphabetical order. Then the positions of the names 
under each office shall be changed as many times as there are can¬ 
didates in the group upon the ballot in which there are the most 
names. As nearly as possible an equal number of ballots shall be 
printed after each change. In making the changes of position the 
printer shall take the line of type at the head of each group and 
place it at the bottom of that group, shoving up the column so that 
the name that was second in the group before the change shall be 
the first after the change. After the ballots are printed they shall 
be kept in separate piles, one pile for each change of position, and 
shall be then piled by taking one from each pile and placing it upon 
the final pile, the effect being that every ballot in the pile of printed 
sheets shall have names in a different position from the last preced¬ 
ing ballot. After the final pile is made in this manner the ballots 
shall be taken therefrom in the order in which they rest in the pile 
and placed in blocks. 

3021. All official ballots shall be bound together in blocks of 


ELECTION LAWS ARIZONA 1913, AMENDED 


51 


not less than twenty-five nor more than fifty, after the manner pro¬ 
vided for in the foregoing section. All officers charged with the 
preparation and distribution of ballots shall cause the blocks of bal¬ 
lots to be made up as required in this section and the foregoing. 

3022. At least five sample ballots printed on muslin or cloth shall 
be provided by the officers whose duty it is to print and distribute 
the official ballots for each precinct, and such officers shall cause 
the same to be posted in conspicuous places in each precinct before 
the opening of the polls at such primary election, one of which 
sample ballots shall be posted within the place where the said pri¬ 
mary election is held, and one in some convenient place immediately 
outside. 

3023. The officers charged with the duty of printing and dis¬ 
tributing the official ballots shall also cause to be printed and dis¬ 
tributed for the information of voters at each precinct, such number 
of sample ballots as they may deem necessary, not to exceed five 
per centum of the number of regular ballots printed for the several 
political parties of the precinct. Such sample ballots shall be printed 
only on colored paper. 

3024. Said primary election shall be held, the voters shall vote 
therein, the method of voting shall be followed, the votes counted 
and canvassed, and the returns made, in the same manner as is now 
or may hereafter be by law provided for general elections, except as 
herein provided. And such primary elections shall in all respects 
conform to the laws governing general elections, except as herein 
otherwise provided, and all provisions of the laws governing elec¬ 
tions not in conflict with this chapter are hereby made applicable 
and put in force governing such primary election. 

3025. The boards of election shall be chosen for said primar> 
elections as in general elections, and shall perform the duties im- 
uosed on said boards for the general elections; they shall make and 
sign a statement giving the names of persons voted for, the office for 
which each sought the nomination, and the number of votes received 
by each, fully certifying the results of such election. Such state¬ 
ments shall become a part of the official returns of such primary 
election at the close of any precinct count. The board of election for 
such precinct, in such primary election, shall give a certificate of 
the vote cast in the precinct, for all candidates of each political party 
to some person authorized, in writing, by the chairman of the county 
central committee, or the city or town committee, as the case may 
be, of such political party to receive such certificate, or in case such 
person is not present, to any person who is known to be a member 
of such party. The returns shall be made as in general elections. 
When the board of supervisors, or city or town council, as the case 


52 


ELECTION LAWS ARIZONA 1913, AMENDED 


may be, has completed its tabulation of precinct returns, the person 
having the largest number of votes, for the nomination for any 
office in the political party of which he was set forth on said ballot 
as a candidate for the nomination shall be declared the nominee of 
such party for such office, and be given a certificate of nomination 
for the same, which shall entitle him to have his name placed upon 
the official ballot at the ensuing election as the nominee of such 
party for such office. A candidate for a non-partisan nomination for 
any office who has received the largest number of votes of the can¬ 
didates for the nomination for that office upon the non-partisan 
ticket shall be declared a non-partisan nominee for such office, or in 
case more than one candidate shall be necessary to fill the offices 
sought those candidates to the required number, who shall have re¬ 
ceived the largest number of votes, as herein provided, shall be de¬ 
clared the non-partisan nominees for said office, which shall entitle 
him or them to have his or their names placed upon the official ballot 
at the ensuing election as non-partisan nominees. 

The board of supervisors of each county shall meet on the Mon¬ 
day following any regular primary election and begin canvassing the 
vote of the county in such election, and said board shall meet from 
day to day until such canvass is completed. 

3026. If any qualified voter who is physically disabled asks for 
assistance in marking his ballot, two of the judges or clerks, who 
shall not belong to the same political party, shall go into the booth 
with him and shall mark his ballot as he directs, and any judge 
or clerk who shall attempt to electioneer with such voter to try to 
influence his vote, or shall mark the same contrary to directions of 
such voter, shall be guilty of a misdemeanor. 

3027. Every act declared to be an offense by the general election 
law shall be such under this chapter, and any person found guilty 
of such offense shall be subject to the penalties prescribed by such 
election law. 

3028. No person shall be allowed to have his name printed on 
the official ballot as a candidate in any general election unless he 
shall have complied fully and completely with the provisions of this 
chapter. 

3029. Candidates, before any primary election, shall file, together 
with the nomination petition herein provided for, with the officer 
with whom such nomination petition is filed, the name of each and 
every individual, with his postoffice address, by, or through, whom 
such candidates have expended, or propose to expend, money in de¬ 
fraying the expenses of their campaigns. Should any candidate de¬ 
termine not to authorize or appoint any such person or persons to 
expend money or other things of value for him, in or during his 


ELECTION LAWS ARIZONA 1913, AMENDED 


53 


campaign, he shall, instead of filing such name or names, notify 
such officer that he has not authorized, and will not authorize, any 
person so to act for him, but that he will in person account for all 
the money or other things of value expended in the interest of his 
candidacy. Should any candidate fail to file such names or informa¬ 
tion his name shall not be printed upon the official ballot in such 
primary election. 

3030. Within ten days after any primary election, all candidates 
therein shall prepare a carefully itemized statement setting forth each 
item in detail, with the cost thereof, showing the full and complete 
record of his expenditures of money or other things of value, in¬ 
cluding all promises to pay money or other things of value, as well 
as all treats, presents, or favors which cost money, or other things 
of value, either present or future, which were intended for the pur¬ 
pose of aiding or that would have a tendency to aid the success of 
such candidate in such primary election. Together with such report 
each candidate shall file a like report in detail for each of the per¬ 
sons named by him as authorized to expend money or other things 
of value in his interest. He shall also, at the same time, file a like 
report for any person who may have expended money or things of 
value for such candidate, although the name of such other person 
was not among those filed by such candidate as the names of 
authorized agents. Such report shall be filed with the officer with 
whom the candidate’s nomination petition has been filed. Such re¬ 
port shall be prepared upon blank forms, and a reasonable number 
of such forms shall be mailed to each candidate by the secretary of 
state, clerk of the board of supervisors, or the city or town clerk, 
as the case may be. The secretary of state shall forward a sufficient 
supply of such blanks to the clerks of the boards of supervisors in 
the several counties of the state. Such blank reports shall be printed 
by the order of the secretary of state, and shall be in form as follows: 
State of Arizona, County of. 

I,.. who was a candidate for the nomination as the 

...party’s candidate for.in the primary elec¬ 
tion on.... 19., do solemnly swear that the item¬ 

ized statement hereto attached contains each and every item of 
money, or other thing of value, which I paid, or expended, or which 
I promised to pay or expend, inclusive of all treats, presents, favors, 
or other things which cost money or for which I have obligated my¬ 
self to pay for the purpose of aiding or advancing my candidacy, 
directly or indirectly; it includes all such money or other things of 
value as above enumerated whose itemized report is not attached 
hereto; I know of absolutely no expenditure which was made for 
the purpose of directly or indirectly influencing or aiding or advanc- 








54 


ELECTION LAWS ARIZONA 1913, AMENDED 


ing my interest as a candidate which is not included either in this 
report or that of those accompanying it, and I believe no such ex¬ 
penditures have been made except as herein reported. 

This.day of.19. 

Subscribed and sworn to before me the.day 

of.. 19. 

Said report must be subscribed and sworn to by the candidates 
before someone authorized to administer oaths. 

3031. Should any candidate who received the nomination of any 
political party fail or refuse to file a full and complete detailed re¬ 
port as above specified, the secretary of state or board of supervisors 
or city or town clerk whose duty it is to issue to such nominee his 
certificate of nomination shall withhold such certificate and refuse 
to issue same until such reports are filed. Any candidate who failed 
to receive the nomination, and who refuses, or fails to file such 
report, shall be deemed guilty of a misdemeanor, and upon convic¬ 
tion, shall be fined not less than twenty-five dollars, nor more than 
five hundred dollars. 

3032. Any vacancy or vacancies appearing, after the holding of 
any primary election, in the list of candidates necessary to fill all the 
officers provided for by law in the ensuing election, shall be filled by 
a party committee of the state, county, city or town, as the case may 
be, and the name of any candidate so filed with the officer with 
whom nomination petitions are filed, shall be placed upon the official 
ballot in the ensuing election. 

3033. All reports required hereunder shall remain in the hands of 
the officer with whom they are filed, and shall be subject to inspec¬ 
tion or publication at any time. 

3034. Each campaign committee which manages a candidate’s 
campaign, before a primary election, or manages such campaign for 
a political party, shall, within ten days after such primary election, 
file with the officer with whom the nomination petitions of the can¬ 
didates are filed, a full and complete report of all money, or other 
things of value, which came into such committee’s hands or which 
was expended by it. The form of said report shall be prepared by 
the secretary of state and the attorney general and shall be in form 
the same as required for candidates, except that it shall be altered 
to conform to the needs of the committee, instead of an individual. 
Such report shall be signed by a chairman and secretary of each 
committee, and also by the treasurer thereof, if there be a treasurer, 
and such report shall state whether there is a treasurer or not, and 
shall state, if there was not, any other person who expended money 
or other things of value for it, it shall give the name and postoffice 
address of such other person, and it shall attach in addition to the 








ELECTION LAWS ARIZONA 1913, AMENDED 


55 


itemized statement which said committee is hereby required to file, 
a like statement from such other person. Any chairman, secretary, 
treasurer, or other person, who fails and refuses to sign and swear 
to such report, as provided herein, shall be deemed guilty of a mis¬ 
demeanor, and upon conviction, shall be fined not less than twenty- 
five dollars nor more than five hundred dollars, or confined in the 
county jail not less than three months nor more than twelve months. 

3035. By an “itemized stalement” shall be meant that when a 
candidate has a class of like expenditures, he shall not list them 
under one item, but shall state each item separately. Each item of 
printing shall be set out by itself, and each advertisement in a news¬ 
paper shall be specifically set forth, with the cost thereof, and in like 
manner all candidates’ reports shall show in detail every transaction. 

3036. Candidates before a primary election held under the pro¬ 
visions of this chapter shall be limited in amount of expenditures for 
the said primary election to the following respective amounts: 
Candidates for United States senator, amount not exceeding....$1,500.00 


Candidates for nomination for any office in which electors of 

the entire state shall vote, an amount not exceeding. 1,000.00 

Candidates for nomination of supreme judge, an amount not 

exceeding ... 750.00 

Candidates for nomination for congress, an amount not ex¬ 
ceeding . 1,000.00 

Candidates for nomination for superior judge, an amount not 

exceeding . 200.00 

Candidates for nomination for state senator, an amount not 

exceeding . 200.00 

Candidates for nomination for representative to the legisla¬ 
ture, an amount not exceeding. 200.00 

Candidates for nomination for any office in which the electors 

of a single county vote, an amount not exceeding. 200.00 

Candidates for nomination for any office in which electors 
of a single district, or a subdivision of the county, vote, 

an amount not exceeding. 50.00 

Candidates for nomination for mayor in cities of five thou¬ 
sand or more population, an amount not exceeding. 200.00 

Candidates for nomination for other offices of cities of like 

population, an amount not exceeding. 150.00 

Candidates for the nomination for mayor in cities or towns 
of less than five thousand population, an amount not ex¬ 
ceeding . 100.00 

Candidates for nomination for other offices in such cities or 

towns, an amount not exceeding. 50.00 


3037. Any candidate who expends any more money or other 














56 


ELECTION LAWS ARIZONA 1913, AMENDED 


thing of value, than as set forth in the foregoing section, shall he 
deemed guilty of a misdemeanor, and upon conviction, shall be fined 
not less than one hundred dollars, nor more than two thousand dol¬ 
lars, and shall he confined in the county jail, in the county in which 
he was convicted, for not less than six months nor more than two 
years. When any other thing of value than money is expended or 
used, in behalf of any candidate, it shall be specified by such can¬ 
didate, and it shall be considered as money, it being reckoned at its 
fair cash value. 

3038. Any person upon whom the duty is imposed, or who is re¬ 
quired to file a report, shall faithfully perform such duty, and file 
such report, stating accurately the information required. Anyone who 
misstates the amount of money, or fails to fully disclose the facts 
as to any gift, promise, treat, reward, favors, or any valuable thing 
given, shall be deemed guilty of a misdemeanor, and upon conviction 
shall be fined not less than fifty dollars, nor more than one thou¬ 
sand dollars, and confined in the county jail not less than three 
months, nor more than twelve months, and should he be a nominee 
he shall not be allowed to have his name appear upon the ballot, and 
should it be printed before such conviction, he shall not be allowed 
to have his name appear upon the ballot at the ensuing election. And 
should it be printed before such conviction, he shall be denied the 
right to hold office, if elected. If it be a person elected to an office 
in the general election, he shall not be entitled to hold such office. 
Any candidate who expends more money, either in person or through 
agents, committees, or friends, than the limit prescribed herein, shall, 
in addition to the punishment hereinbefore prescribed, be thereafter 
barred from holding office in this state. 

3039. Candidates for public office may be nominated otherwise 
than by primary election or committee in the manner following: A 
certificate of nomination stating the name of the office to be filled, 
the name and residence of the candidate and other information re¬ 
quired by this section shall be filed with the officers provided in this 
chapter, after the holding of the primary election at which candidates 
for such office are nominated, and not more than ten days after 
such primary election. Such certificate shall be signed only by 
voters who have not signed the nomination papers of any candidate 
to be voted for at any primary election, and who have not voted 
for any candidate for such office at any such primary election. Such 
certificate of nomination shall be in substantially the following form: 

“The undersigned, qualified electors of the.precinct of. 

County, State of Arizona, do hereby nominate., who resides 

at. in the County of., as a candidate for 

the office of.at the general (or special, as the case may 








ELECTION LAWS ARIZONA 1913, AMENDED 


57 


be) election to be held on the.day of.19. 

I hereby declare that I have not signed the nomination papers ot 
any candidate to be voted for at any primary election, and that I did 
not vote for any candidate for such office at any primary election, 
and I do hereby select the following designation under which name 
the said candidate shall be placed on the official ballot (here insert 
such designation not exceeding three words in length as the signers 
may select). 

Names of signers. .Place of residence. Date of signing. 

Such certificate shall conform as near as may be to the pro¬ 
visions of this chapter relating to nomination papers, the candidates 
to be voted for at primary elections, and shall be signed by at least 
one per cent of the qualified electors of the state, county, or subdi¬ 
vision for which the candidate is nominated. Such percentage shall 
be determined by the total vote cast for governor in the state or such 
county or subdivision at the last general election at which a governor 
was elected. 

3040. The provisions of this chapter relative to the expenditures 
of money, or other things of value, shall apply with as much force 
and effect to candidates whose names are placed upon the official 
ballot by petition, at any general election, as they do to the nom¬ 
inees of political parties, or to candidates before primary elections, 
and all non-partisan candidates shall make and subscribe to the same 
kind of a report, and shall be liable to all the penalties prescribed 
herein for other candidates. 

3041. All contests arising out of such primary elections shall be 
settled and decided in the same manner as is now or may hereafter 
be by law provided for general elections. 

3042. No person shall be entitled to vote at any primary election 
unless he is a qualified elector of the precinct, and duly registered 
therein, and has been a resident of the said precinct thirty days next 
preceding said primary election, provided that any voter whose name 
does not appear on the precinct register, or who may not have a cer¬ 
tificate of registration signed by the proper registering officers, may 
make affidavit that he has registered since the close of the former 
registration, provided further, that the provisions as to registration 
and eligibility to vote required by existing statutes, and by any 

t 

amendment now or hereafter made thereto, shall apply to all primary 
elections. 

3043. All tickets, blanks and other supplies to be used at any 
primary election, and all expenses necessarily incurred in the prep¬ 
aration for or conducting such primary election, shall be paid out of 
the treasury of the city, county, or state, as the case may be, in the 
same manner and with like effect, and by the same officers, as in the 





58 


ELECTION LAWS ARIZONA 1913, AMENDED 


case of general elections. It shall be the duty of the secretary of 
state and attorney general immediately to prepare all forms necessary 
to carry out the provisions of this chapter, which forms shall be sub¬ 
stantially followed in all primary elections held in pursuance hereof. 
Such forms shall be printed, with copies ot this chapter for public 
use and distribution. 

3044. PARTY ORGANIZATION AND GOVERNMENT. The 
party organization and government of each of the several political 
parties shall be as follows: 

(1.) At the primaries hereinbefore provided, the members of a 
party residing in each precinct in each of the several counties of the 
state, shall choose one of their number as “county precinct commit¬ 
teeman,” provided, that each party shall be allowed in addition there¬ 
to, one precinct committeeman for each seventy-five votes or major 
fraction thereof, when more than seventy-five votes were cast in any 
precinct, for a nominee of such party for governor in the last pre¬ 
ceding general election at which a governor was elected. 

(2). The whole number of county precinct committeemen of each 
of the several political parties shall constitute the county committee 
of such party. Such county committee shall meet and organize by 
electing from its own membership a chairman, secretary and treas¬ 
urer, of which offices the last two may be filled by the same person, 
on the fourteenth day after the day of the said primary election. 

(3.) The chairman of the county committee shall be ex-officio a 
member of the state committee. 

(4.) The state committee of each political party shall consist in 
addition of one member from each such county committee in the 
state and in addition thereto one member of said county committee 
for each two hundred, or major fraction thereof, votes cast for its 
nominee for governor, at the last preceding general election; such 
committee shall be elected by the various county committees, from 
their own membership and not otherwise, at the first meeting of 
each county committee throughout the state. No person shall be 
eligible for election as a member of the state committee unless he 
shall be a duly elected county precinct committeeman. The state 
committee shall meet on the last Monday in the same month in 
which any primary election has been held in which nominees for 
state and county offices are nominated, at twelve o’clock noon at the 
state capitol and organize by electing from its own membership a 
chairman, secretary and treasurer. The executive committee of such 
state committee shall consist of one member of said state commit¬ 
tee from each county, who shall be resident of said county to be 
elected by the members of the state committee from that county, and 
one member for each one thousand votes or major fraction thereof 


ELECTION LAWS ARIZONA 1913, AMENDED 


59 


cast for the party’s candidate for governor in the last preceding gen¬ 
eral election in each county, similarly elected. The chairman of the 
state committee shall be ex-officio chairman of the executive com¬ 
mittee. 

(5.) The city party committee shall be composed of the city pre¬ 
cinct committeemen, chosen at the regular primary election, and shall 
organize by electing from its own membership a chairman, secretary 
and treasurer. 

(6.) The official and unofficial returns made by the primary 
election board shall show the name and address and the name of the 
party represented of each precinct committeeman chosen. 

(7.) Each committee provided for in this section, and its officers, 
shall have the powers usually exercised by such committee and by 
the officers thereof, insofar as is consistent with this chapter. The 
various officers and committees now in existence shall exercise the 
powers and perform the duties herein prescribed until their success¬ 
ors are chosen. The duties of the chairman or secretary of any 
committee when the committee is not in session, may be performed 
by members of such committee selected by such chairman or secre¬ 
tary. Provided, that if a vacancy shall occur in any said office or 
committee through death, resignation, or change of residence, the 
vacancy shall be filled by election by the body empowered to elect 
incumbents of said office or members of said committee. 

No proxy shall be given by a member of the state committee for 
use at a meeting of the state committee, except to a qualified elector 
of his county, and certified before a notary public, or two witnesses, 
and no proxy shall be given by a member of the county committee 
except to a qualified elector of the same county and attested by a 
notary public, or two witnesses. 

(8.) Candidates for United States senator, for representative in 
congress, for a state office, for state senator and for state representa¬ 
tive, nominated by each political party at each primary, the national 
committeeman, the chairman and executive committee of the state 
committee, and the chairman of the county committees of the several 
counties of the state, shall constitute the party council of each party, 
and shall meet at the capitol at twelve o’clock noon on the Tuesday 
following the last Monday in the month in which any primary elec¬ 
tion is held preliminary to any general election. The membership of 
such party council shall be determined by the list of party nominees 
and party candidates duly certified by the secretary of state, as are 
on file in his office. Such party council shall be called to order by 
the secretary of state, or by one of his assistants, who shall read the 
roll of members, and thereupon the party council shall organize by 
electing from its own membership a chairman and secretary. They 


60 


ELECTION LAWS ARIZONA 1913, AMENDED 


shall thereupon forthwith formulate the state platform of their party 
and shall perform such other business as may properly be brought 
before such meeting. The platform of each party shall be framed and 
made public at a time not later than six o’clock in the afternoon of 
the day following their adjournment. The state party council so 
constituted shall be the party council for two years, and shall have 
power to call special meetings and perform such other business as 
may be consistent with the provisions of this chapter. 

3045. Any act declared an offense by the general laws of this 
state, concerning elections, shall also in like case be an offense in all 
primary elections, and shall be punished in the same form and in the 
same manner as therein provided, and all penalties and provisions 
of the law as to such elections, except as herein otherwise provided, 
shall apply in such case with equal force and to the same extent as 
though fully set forth in this chapter. 

No spirituous, malt, vinous, or intoxicating liquor shall be sold or 
given away on the date of holding a primary election, during the 
hours when by law the polls are required to be open. Whoever vio¬ 
lates the provisions hereof shall be guilty of a misdemeanor, and 
upon conviction thereof be fined not less than fifty dollars, nor more 
than one hundred dollars. It shall be the duty of the sheriff, con¬ 
stable, and other peace officers of the county and city to see that 
the provisions of this section are strictly enforced. 

If any person whose vote is challenged, or any witness sworn un- 
under the provisions of this chapter, shall knowingly, wilfully and cor 
ruptly swear falsely, he shall be deemed guilty of perjury, and on 
conviction thereof shall be punished accordingly. 

Whoever votes more than once at any primary election, or offers 
to vote after having once voted at such primary election, shall be 
guilty of a misdemeanor, and, upon conviction thereof, shall be fined 
in a sum not exceeding one hundred dollars, or imprisoned in the 
county jail not exceeding one year, or both, in the discretion of the 
court. 

Any person who shall solicit, request, demand, or receive, directly 
or indirectly, any money, intoxicating liquor, or other thing of value, 
either to influence his vote or to be used or under the pretense of 
being used, to procure the vote of any person or persons, or to be 
used at any polls, or other place prior to or on the day of a primary 
election, shall be deemed guilty of the crime of bribery, and upon 
conviction in any court of record shall be subjected to a fine of not 
more than one hundred dollars and imprisonment in the county jail 
not less than three months nor more than one year, and to pay the 
costs of prosecution. 

Any candidate or other person paying, furnishing, or promising 


ELECTION LAWS ARIZONA 1913, AMENDED 


61 


to pay or furnish, or bribing any person with money, intoxicating 
liquor, or anything of value, or the promise thereof, shall be deemed 
guilty of the crime of bribery, and upon conviction thereof in any 
court of competent jurisdiction shall be fined not less than one hun¬ 
dred dollars, nor more than five hundred dollars, and imprisoned in 
the county jail not less than three months nor more than one year, 
and pay the cost of prosecution. Prosecution may be had under this 
section by indictment in the superior court, or by information therein. 

Any person who shall engage in disorderly conduct at any pri¬ 
mary election shall be deemed guilty of a misdemeanor, and upon con¬ 
viction thereof shall be punished by a fine of not less than ten dollars 
nor more than twenty-five dollars and the costs of the prosecution. 

If any clerk of a primary election shall wilfully neglect to per¬ 
form any duty required of him as a clerk of such primary election, or 
shall be guilty of fraud, corruption or misbehavior, as such clerk, 
he shall be deemed guilty of a misdemeanor, and upon conviction 
thereof, be fined in a sum not less than twenty-five dollars nor more 
than fifty dollars or imprisonment in the county jail not less than 
thirty days nor more than six months. 

3046. If any judge, clerk, or inspector of a primary shall wilfully 
neglect to perform any duty required of him under the provisions of 
this chapter, as such judge, clerk, or inspector, or shall be guilty of 
fraud or corruption or misbehavior while acting in the capacity of 
such official, he shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, be fined a sum of not less than twenty-five dollars 
nor more than fifty dollars, or by imprisonment in the county jail 
not less than thirty days nor more than six months. 

3047. Any person who shall violate any of the provisions of this 
chapter shall, upon conviction thereof, be punished by imprison¬ 
ment in the county jail for a period of not less than six months nor 
more than twelve months. 


CHAPTER XIII 

PUBLICITY OF CAMPAIGN EXPENSES 

3048. The term “campaign committee” shall include the state 
central committee, or state committees, of all political parties, and all 
county, city or precinct committees of all political parties, organized 
and conducted for the purpose of influencing the result of any elec¬ 
tion in any county, city, town, or precinct in this state. 

3049. Every compaign committee shall have a chairman and 
treasurer. It shall be the duty of the treasurer to keep a detailed 
and exact account of all money or its equivalent received by or prom¬ 
ised to such committee, or any member thereof, or by or to any per- 



62 


ELECTION LAWS ARIZONA 1913, AMENDED 


son acting under its authority or in its behalf, and the name of every 
person, firm, association or committee, from whom received, and of 
all expenditures, disbursements, and promises of payment or dis¬ 
bursement, made by the committee, or any member thereof, or by 
any person acting under its authority or in its behalf, and to whom 
paid, distributed, or disbursed. No officer or member of such com¬ 
mittee, or other person acting under its authority or in its behalf, 
shall receive any money or its equivalent, or expend or promise to 
expend any money on behalf of such committee, until after a chair¬ 
man and treasurer of such committee shall have been chosen. 

3050. Every payment or disbursement made by a campaign com¬ 
mittee exceeding five dollars in amount shall be evidenced by a re¬ 
ceipted bill stating the particulars of expense, and every such record, 
voucher, receipt, or account shall be preserved for fifteen months 
after the election to which it relates. 

3051. Whoever, acting under the authority or in behalf of such 
campaign committee, whether as a member thereof or otherwise, 
receives any contribution, payment, loan, gift, advance, deposit or 
promise of money or its equivalent, shall, on demand, and in any 
event within five days after the receipt of such contribution, pay¬ 
ment, loan, gift, advance, deposit, or promise, render to the treas¬ 
urer of such campaign committee a detailed account of the same, to¬ 
gether with the name and address from whom received, and said 
treasurer shall forthwith enter the same in a ledger or record to be 
kept by him for that purpose. 

3052. The treasurer of every such campaign committee shall, not 
more than fifteen days, and not less than ten days, next before any 
general or special election at which candidates for state, county, city, 
or town offices are to be elected, file an itemized, detailed statement, 
and on each sixth day thereafter until such election said treasurer 
shall file a supplemental itemized, detailed statement. Each of said 
statements shall conform to the requirements of the following section, 
except that the supplemental statement herein required need not 
contain any item to which publicity is given in a previous statement. 
Each of said statements, and all statements required by this chapter, 
shall be full and complete, and shall be signed and sworn to by said 
treasurer. It shall also be the duty of said treasurer to file a similar 
statement within thirty days after such election, such final statement 
to be signed and sworn to by said treasurer and to conform to the 
requirements of the following section. The statement so filed shall 
be preserved and shall be a public record, and open to public inspec¬ 
tion. Such statements shall be filed with the secretary of state in 
case of state campaign committees or state central committees, with 
the clerk of the board of supervisors in the case of county commit- 


ELECTION LAWS ARIZONA 1913, AMENDED 


63 


tees, and with the city or town clerk in the case of city or town 
committees. 

3G53. The statements required by the preceding section shall 
state: 

(1.) The name and address of each person, firm, association, or 
committee, who or which has contributed, promised, loaned, or ad¬ 
vanced, to such campaign committee or any officer, member or agent 
thereof, either in one or more items, money or its equivalent of the 
aggregate amount cr value of ten dollars, or more, and the amount 
or sum contributed, promised, loaned, or advanced by each. 

(2.) The aggregate sum contributed, promised, loaned, or ad¬ 
vanced to such campaign committee, or to any officer, member or 
agent thereof, in amounts cf less than five dollars. 

(3.) The total sum of all contributions, promises, loans, and ad¬ 
vances received by such campaign committee cr any officer, mem¬ 
ber or agent thereof. 

(4.) The name and address of each person, firm, association, or 
committee, to whom cr which such campaign committee, or any 
officer, member, or agent thereof, has distributed, disbursed, con¬ 
tributed, loaned, advanced, cr promised any sum of money or its 
equivalent cf the amount or value of five dollars cr more stating 
the amount or sum distributed, disbursed, contributed, loaned, ad¬ 
vanced, or promised, to each, and the purpose thereof. 

(5 ) The aggregate sum distributed, disbursed, contributed, 
loaned, advanced, cr promised by such campaign committee, or any 
officer, member cr agent thereof, where the amount or value of such 
distribution, disbursement, loan, advance, or promise to any one per¬ 
son, firm, association, or committee in one or more items is less than 
five dollars. 

(6.) The total sum disbursed, distributed, contributed, loaned, 
advanced, or promised, by such campaign committee, or any officer, 
member, or agent thereof. 

3C54. Every person who shall be a candidate for election at any 
general cr special election to any state, county, city, or town office 
shall not more than fifteen days and not less than ten days before 
the day cf such general or special election file a full, correct and 
itemized statement of all moneys and things of value received by 
him, or by anyone for him with his knowledge or consent, from any 
source, in aid or support of his candidacy, together with the names 
of all those who have furnished the same in whole cr in part; and 
such statements shall contain a true and itemized account of all 
moneys and things of value given, contributed and expended, used or 
promised, by such candidates or by his agent, representative or other 
person for or in his behalf, with his knowledge and consent, together 


64 


ELECTION LAWS ARIZONA 1913, AMENDED 


with the names of all those to whom any and all such gifts, contri¬ 
butions, payments, or promises, were made for the purpose of procur¬ 
ing or aiding his election. 

Every such candidate shall include therein a statement of every 
promise or pledge made by him or by anyone for him, with his 
knowledge and consent, or to whom he has given authority to make 
any such promise or pledge before the completion of any such general 
or special election, relative to appointment or recommendation for ap¬ 
pointment of any person to any position of trust, honor, or profit, 
either in the county, state, or nation, or in any political subdivision 
thereof, or in any private or corporate employment, for the purpose 
of securing the support of such person, or of any person, in his can¬ 
didacy; and if any such promise or pledge shall have been made, the 
name or names, the address or addresses, and the occupation or oc¬ 
cupations of the person or persons to whom such promise or pledge 
shall have been made shall be stated, together with the description 
of the position relating to which such promise or pledge has been 
made. In the event that no such promise or pledge has been made 
by such candidate that fact shall be distinctly stated. 

3055. Within thirty days after any such general or special elec¬ 
tion every such candidate shall file a statement containing the same 
matters as required to be contained in the statement filed before such 
election, except that such statement need not contain items of which 
publicity is given in previous statements, but such statements shall 
contain, in addition to an itemized statement of all expenses not 
theretofore given publicity, a summary of all preceding statements. 

3056. The statements herein required to be filed shall be filed in 
the office of the secretary of state in the case of all candidates for 
state offices, and members of the legislature, and with the clerk of 
the board of supervisors in the case of candidates for county offices, 
and with the city or town clerk in the case of candidates for city or 
town offices. 

3057. Any candidate who shall fail to file the statement required 
by this chapter, and any treasurer of any campaign committee who 
shall fail to make and file any statement required by this chapter 
within the time herein specified shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished by imprisonment in 
the county jail for a period of not less than six months nor more 
than twelve months, or by a fine of not less than one hundred dol¬ 
lars nor more than five hundred dollars, or by both such fine and 
imprisonment. 

3058. It shall be unlawful for any corporation, organized or do¬ 
ing business in the state, to make any contribution of money or any- 


ELECTION LAWS ARIZONA 1913, AMENDED 


65 


thing of value for the purpose of influencing any election or official 
action. 

3059. Any such corporation, its officers or agents acting on be¬ 
half thereof, violating any of the provisions of this act shall be pun¬ 
ishable by a fine of not less than five hundred dollars and not to 
exceed two thousand dollars; and the agent or agents, through whom 
any such violation shall be executed shall be punishable further by 
imprisonment in the state penitentiary for not less than one year, 
and not to exceed three years. 


CHAPTER XIV 

CONTESTING ELECTIONS 
STATE ELECTIONS 

3060. Any elector of the state may contest the election of any 
person who is declared elected to a state office, or the declared result 
upon a constitutional amendment or other question submitted to vote 
of the people upon the following grounds: 

(1.) For malconduct on the part of the election boards or any 
of the members thereof in any of the several counties of the state, 
or on the part of the board of canvassers for the state election or any 
member thereof. 

(2.) When the person whose right to the office is contested was 
not at the time of the election eligible to such office. 

(3.) When the person whose right is contested, or any person 
acting for him, has given to any elector, inspector, judge or clerk 
of election, any bribe or reward, or has offered any such bribe or 
reward, for the purpose of procuring his election, or has committed 
any other offense against the elective franchise defined in the penal 
code. 

(4.) On account of illegal votes. 

(5.) When by reason of the erroneous count of votes the person 
declared elected or the constitutional amendment or other question 
submitted declared carried did not in fact receive the highest num¬ 
ber of votes for such office or a sufficient number of votes to carry 
such amendment or question. 

Such contest may be brought in the superior court of the county 
in which the person so contesting resides, or in the superior court of 
the County of Maricopa, provided that in any contest of the election 
of any person declared elected to a state office or of any constitu¬ 
tional amendment or other question declared carried, the attorney 
general shall have the right to intervene, and upon his demand, the 
place of trial of the contest shall be changed to the County of Mari- 
copy, if commenced in any other county. 

3061. The elector contesting such election shall, within twenty 



66 


ELECTION LAWS ARIZONA 1913, AMENDED 


days after the completion of the canvass of such election and the 
declaration of the result thereof by the state canvassing board, file 
in the court in which contest is commenced a statement in writing 
setting forth specifically: 

(1.) The name and residence of the party contesting such elec¬ 
tion, and that he is an elector of the state and of the county in which 
he resides. 

(2.) The name of the person whose right to the office is con¬ 
tested, or the title of the constitutional amendment or other propo¬ 
sition as the same appeared upon the official ballot. 

(3.) The office the election to which is contested. 

(4.) The particular grounds of such contest. 

3062. Such statement must be verified by the affidavit of the 
contesting party that he verily believes the matters and things there¬ 
in contained are true. 

3063. Upon the filing of such statement the clerk of the superior 
court shall, in case the election of a person declared elected is con¬ 
tested, issue a summons in substantially the following form: 

In the Superior Court of.County, 

State of Arizona. 

...Contestant, 


vs. 


Contestee. 


SUMMONS. 

To the Above Named.Contestee: 

You are hereby notified that., a resident of.in 

.County, State of Arizona, has on this day filed in this 

court a statement of contest wherein he contests your election to 

the office of.at the election held on the..day 

of.19., a copy of which statement accompanies 

this summons. 

You are therefore required to file your answer to said statement 
with the clerk of this court within ten days after the service of this 
summons upon you exclusive of the day of service or the court will 
proceed with the hearing of such contest ex parte. 

Given under my hand and the seal of said court this.day 


of., 19. 

(Seal.) Clerk of said Court. 


3064. In case the contest is on any constitutional amendment or 
proposition which has been declared carried, the summons shall be 
addressed to the governor and the attorney general, and in substan¬ 
tially the following form: 


















ELECTION LAWS ARIZONA 1913, AMENDED 


67 


In the Superior Court of.County, 

State of Arizona. 

In the Matter of the Contest of a Certain Constitutional Amend¬ 
ment (or proposition, describing it briefly, as the case may be). 

To the Honorable., Governor, and the Honorable., 

Attorney General of the State of Arizona: 

You are hereby notified that. residing at. 

in the County of., State of Arizona, has this day filed 

with the clerk of this court a statement wherein he contests the 
election by which the constitutional amendment (or proposition, 
briefly describing it) was declared to have been carried. 

A copy of his said statement is hereto attached and herewith 
served upon you. 

You are further notified that unless an answer to said statement 
is filed within ten days after the service of this summons upon you 
the court will proceed with the hearing of said contest ex parte. 

Given under my hand and seal of said court this.day 

of..19. 


Clerk of said Court. 

In case the contest is against any constitutional amendment, or 
any other proposition which has been declared carried, the governor 
or attorney general may appear and answer the statement of con¬ 
test, or by leave of the court any elector of the state may intervene 
and defend such contest. 

COUNTY, PRECINCT AND MUNICIPAL ELECTIONS 

3065. Any elector of a county, city, or any political subdivision 
of either may contest the right of any person declared elected to an 
office to be exercised therein for any of the following reasons: 

(1.) For malconduct on the part of the election board, or any 
member thereof, or on the part of the board of canvassers, or any 
member thereof. 

(2.) When the person whose right to the office is contested was 
not, at the time of the election, eligible to such office. 

(3.) When the person whose right is contested has given to any 
elector or inspector, judge or clerk of the election any bribe or re¬ 
ward, or has offered any such bribe or reward, for the purpose of 
procuring his election, or has committeed any other offense against 
the elective franchise defined in the penal code. 

(4.) On account of illegal votes. 

(5.) When by reason of errors in counting the ballots the person 
declared to be elected did not in fact receive the highest number of 
votes, and was not in fact elected. A statement shall be filed within 












68 


ELECTION LAWS ARIZONA 1913, AMENDED 


the time and containing the matters required by law in the case of 
contest of state elections. 

Finley vs. City of Tucson, 7 Ariz. 108—60 Pac. 872. 

3066. Upon the filing of such statement the clerk of the superior 
court shall issue a summons directed to the person whose election 
is contested in the form prescribed in this chapter in case of the 
contesting of the election of a person to a state office. 


PROCEEDINGS UPON ELECTION CONTEST 

3067. The summons provided in this chapter shall be served in 
the manner provided by law for the service of a summons in a civil 
action. 

3068. Upon the filing of the answer, or if no answer is filed 
upon the expiration of the time specified in the summons in which an 
answer may be filed, the court shall set a time for the hearing of 
the contest. Such hearing may be continued for good cause shown 
until such time as the court may direct. 

3069 After the contest has been started either party may have 
the ballots inspected before preparing for trial. The party applying 
for such inspection shall file with the clerk a verified petition stating 
that he cannot properly prepare his case for trial without an inspec¬ 
tion of such ballots, and thereupon the court shall appoint three 
persons, one selected by each of the parties and one by the court, 
by whom such inspection shall be made. The inspection shall be 
made in the presence of the legal custodian of the ballots and the 
party applying therefor shall file with the clerk a bond in the sum 
of three hundred dollars with two sureties, approved by the clerk of 
the court in which the proceeding is pending, conditioned that he 
will pay the costs and expenses of such inspection in case he fails to 
maintain his contest. In case either party fails to name a person to 
act in making such inspection, the court shall make such appoint¬ 
ment. The compensation of the persons making such inspection 
shall be fixed by the court and shall be taxed as costs against the 

defeated party. PRIMARY ELECTIONS 

3070. Primary elections may be contested in the same manner 
and within the same time as provided in this chapter for county 
elections. 


TITLE IV 


PENAL CODE, REVISED STATUTES OF ARIZONA, 1913, OF 
CRIMES AGAINST THE ELECTIVE FRANCHISE 


35. Every person who wilfully causes, procures or allows him¬ 
self to be registered as an elector of any county, city or precinct, 
knowing himself to be not entitled to such registration, and any 
officer who wilfully enters the name of any person not entitled to 
registration upon the register or roll of electors, is punishable by a 
fine not exceeding one thousand dollars, or by imprisonment in the 
state prison not exceeding five years, or by both such fine and im¬ 
prisonment. In all cases where, on the trial of a person charged 
with any offense under the provisions of this section, it appears in 
evidence that the accused stands registered as an elector of any 
county, city or precinct, without being qualified for such registration, 
the court must order such registration to be cancelled. 

36. Every person who wilfully causes or procures, or attempts 
to cause or procure, another person to be registered as an elector 
of any county, city or precinct in this state, knowing that such other 
persons is not entitled to such registration, shall be punished as pro¬ 
vided in the preceding section. 

37. Every person who, after being required by the board of 
judges at any election, refuses to be sworn, or being sworn, refuses 
to answer any pertinent question propounded by such board or any 
member thereof, touching the right of another to vote, is guilty of a 
misdemeanor. 

38. Every person summoned to appear and testify before any 
registration officer, who wilfully disobeys such summons, is guilty of 
a misdemeanor. 

39. It shall be unlawful for any person, directly or indirectly, 
by himself or through any other person: 

(1.) To treat, give, pay, loan or contribute, or offer or promise 
to treat, give, pay, loan or contribute, any money or other valuable 
consideration to*or for any voter or to or for any other person, to 
induce such voter to vote or refrain from voting at such election for 
any particular person or persons, or to induce such voter to go to 




70 


ELECTION LAWS ARIZONA 1913, AMENDED 


the polls, or remain away from the polls at such election, or on 
account of such voter having voted or refrained from voting for any 
particular person, or having gone to the polls or remained away from 
the polls at such election. 

(2.) To give, offer or promise any office, place or employment, 
or to promise or procure or endeavor to procure any office, place 
or employment, to or for any voter, or to or for any other person, in 
order to induce such voter to vote or refrain from voting at any 
election provided by law, or to induce any voter to vote or refrain 
from voting at any election for any particular person or persons. 

(3.) To advance or pay or cause to be paid, any money or other 
valuable consideration to or for the use of any other person with 
the intent that the same, or any part thereof, shall be used in bribery 
at any election provided by law, or to knowingly pay or cause to 
be paid any money or other valuable thing to any person in discharge 
or repayment of any money, wholly or in part expended in bribery 
at any such election. Any violation of this section shall be deemed 
a misdemeanor. 

40. It shall be unlawful for any person, directly or indirectly, 
by himself or through any other person: 

(1.) To receive, agree or contract for, before or during an elec¬ 
tion provided by law, any money, gift, loan or other valuable consid¬ 
eration, office, place or employment for himself or any other person, 
for voting or agreeing to vote, or for going or agreeing to go to the 
polls, or for refraining or agreeing to refrain from voting for any 
particular person or persons, measure or measures, at any election pro¬ 
vided by law\ 

(2). To receive any money or other valuable thing during or 
after an election provided by law T , on account of himself or any 
other person, for voting or refraining from voting at such election, or 
on account of himself or any other person, for voting or refraining 
from voting for any particular person at such election, or on ac¬ 
count of himself or any other person, for going to the polls or re¬ 
maining away from the polls at such election, or on account of hav¬ 
ing induced any person to vote or refrain from voting, or to vote 
or refrain from voting for any particular person or persons, measure 
or measures, at such election. 

Any person violating any of the provisions of this section is 
guilty of a misdemeanor. 

41. Every person who, with intent to promote the election of 

himself or any other person, either: • 

(1.) Furnishes entertainment at his expense to any meeting of 
electors previous to or during an election. 


ELECTION LAWS ARIZONA 1913, AMENDED 


71 


(2.) Pays for, procures or engages to pay for any such enter¬ 
tainment. 

(3.) Furnishes or engages to pay or deliver any money or prop¬ 
erty for the purpose of procuring the attendance of voters at the 
polls, or for the purpose of compensating any person for procuring 
the attendance of voters at the polls, except for the conveyance of 
voters who are sick or infirm, or at a distance from such polls. 

(4.) Furnishes or engages to pay or deliver any money or prop¬ 
erty for any purpose intended to promote the election of any candi¬ 
date, except for the expense of holding and conducting public meet¬ 
ings for the discussion of public questions and of printing and cir¬ 
culating hand bills and other papers previous to such election, is 
guilty of a misdemeanor. 

42 . It shall be unlawful for any candidate for public office, be¬ 
fore or during any election provided by law, to make any bet or 
wager with a voter, or to take a share or interest in, or in any man¬ 
ner to become a party to any such bet or wager, or to provide or 
agree to provide any money to be used by another in making such 
bet or wager, upon any event or contingency whatever, arising out 
of such election. Nor shall it be lawful for any person, directly or 
indirectly, to make a bet or wager with a voter, depending upon the 
result of any election provided by law, with the intent thereby to pro¬ 
cure the challenge of such voter or to prevent him from voting at 
such election. Any violation of this section shall be deemed a 
misdemeanor. 

43 . Every person who makes, offers or accepts any bet or wager 
upon the result of any election, or upon the success or failure of 
any person or candidate, or upon the number of votes to be cast, 
either in the aggregate or for any particular candidate, or upon the 
vote to be cast by any person, is guilty of a misdemeanor. 

44 . It shall be unlawful for any person, directly or indirectly, 
by himself or any other person in his behalf, to make use of any 
force, violence or restraint, or to inflict or threaten the infliction, 
by himself or through any other person, of any injury, damage, harm, 
or loss, or in any manner to practice intimidation upon or against 
any person, in order to induce or compel such person to vote or re¬ 
frain from voting for any particular person or persons, measure or 
measures, at any election provided by law, or on account of such 
person having voted or refrained from voting at any such election. 
And it shall be unlawful for any person by abduction, duress or any 
forcible or fraudulent device or contrivance whatever, to impede, 
prevent or otherwise interfere with the free exercise of the elective 
franchise of any voter, or to compel, induce or to prevail upon any 
voter either to give or refrain from giving his vote at any such elec- 


72 


ELECTION LAWS ARIZONA 1913, AMENDED 


lion, or to give or refrain from giving his vote for any particular 
person at any such election. It shall be unlawful for any employer, 
either corporation, association, company, firm or person, in paying its, 
their or his employees the salary or wages due them, to enclose 
their pay in “pay envelopes” upon which there is written or printed 
any political mottoes, devices or arguments, containing threats, ex¬ 
press or implied, intended or calculated to influence the political 
opinion, views or actions of such employees. Nor shall it be lawful 
for any employer, either corporation, association, company, firm or 
person, within ninety days of any election provided by law, to put 
up or otherwise exhibit in its, their or his factory, workshop, mine, 
mill, boarding house, office or other establishment or place where 
its, their or his employees may be working or be present in the 
course of such employment, any hand bill, notice or placard contain¬ 
ing any threat, notice or information that in case any particular 
ticket or candidate shall be elected, work in its, their or his place 
or establishment will cease in whole or in part, or its, their or his 
establishment will be closed, or the wages of its, their or his work¬ 
men be reduced, or other threats, express or implied, intended or cal¬ 
culated to influence the political opinions or actions of its, their or 
his employees. Any person or persons, or corporation, violating any 
of the provisions of this section shall be deemed guilty of a misde¬ 
meanor, and any person, whether acting in his individual capacity 
or as an officer or agent of any corporation so guilty of such mis¬ 
demeanor shall be punished as prescribed in the next section. 

45. It shall be unlawful for any corporation or any officer or 
agent of any corporation to influence or attempt to influence by 
force, violence or restraint, or by inflicting or threatening to inflict 
any injury, damage, harm or loss, or by discharging from employ¬ 
ment or promoting in employment or by intimidation or otherwise in 
any manner whatever, to induce or compel any employee to vote or 
refrain from voting at any election provided by law, or to vote or 
refrain from voting for any particular person or persons, measure or 
measures at any such election. Any such corporation, or any officer 
or agent of such corporation, violating any of the provisions of this 
section, shall be deemed guilty of a misdemeanor and shall be pun¬ 
ished by a fine not exceeding five thousand dollars. 

46. All payments and contributions of money for election ex¬ 
penses made by candidates for office in this state shall hereafter be 
assessed and made by such candidates by voluntary assessment 
among themselves and not otherwise, and at meetings to be called 
for such purposes, at which meeting none but candidates for office 
at the next ensuing election shall be present or participate. 

47. Any person being a candidate for office in this state, who 


ELECTION LAWS ARIZONA 1913, AMENDED 


73 


shall directly or indirectly pay, or knowingly cause to be paid, any 
money or other valuable thing to any person as an assessment or 
contribution for the expenses of the election at which such person 
or candidate is to be voted for, except the contribution or assess¬ 
ment so agreed upon by such meeting of candidates, shall be guilty 
of a misdemeanor. 

48 . Every person who gives or offers a bribe to any officer or 
member of any legislative caucus, political convention, committee, 
primary election, or political gathering of any kind, held for the 
purpose of nominating candidates for offices of honor, trust, or profit, 
in this state, with intent to influence the person to whom such 
bribe is given or offered to be more favorable to one candidate than 
another, and every person, member of either of the bodies in this 
section mentioned, who receives or offers to receive any such bribe, 
is punishable by imprisonment in the state prison not less than one 
nor more than fourteen years. 

49 . Every person who, by threats, intimidations, or unlawful vio¬ 
lence, wilfully hinders or prevents electors from assembling in public 
meeting for the consideration of public questions, is guilty of a mis¬ 
demeanor 

50 . Every person who wilfully disturbs or breaks up any public 
meeting of electors or others, lawfully being held for the purpose of 
considering public questions, is guilty of a misdemeanor. 

51 . Every person who prints any ballot not in conformity with 
the laws of this state relating to elections, or who circulates or gives 
to another any ballot, knowing at the time that such ballot does not 
conform to the laws of this state, relating to elections, is guilty of a 
misdemeanor. 

52 . Any person keeping a public house, saloon, or drinking 
place, who shall sell, give away or otherwise dispose of any intoxi¬ 
cating liquors, on any part of any day set apart, or to be set apart, 
for any general or special election, during the hours when by law 
the polls are required to be kept open, is guilty of a misdemeanor. 

53 . Any person who shall demand, ask for, collect or receive, 
either directly or indirectly, any money or valuable thing from any 
candidate or candidates for office in this state, on the ground that 
such money or other valuable thing has been assessed to such can¬ 
didate or candidates, or asked for, demanded or required by any per¬ 
son, convention, committee or other political association, as or for 
the payment of election expenses of any kind or nature whatever, or 
as for the expenses of such committee, convention or association, 
shall for each offense, be deemed guilty of a misdemeanor; but 
nothing herein contained shall prevent the candidates at any elec¬ 
tion from assembling together and voluntarily assessing themselves 


74 


ELECTION LAWS ARIZONA 1913, AMENDED 


for any expenses authorized by law for the common good of the 
ticket, and from collecting and disbursing the same by agents ap¬ 
pointed for such purpose. 

54. Any person who shall voluntarily and unsolicitedly offer to 
work for and assist, or in any manner voluntarily contribute to the 
nomination or election of any candidate or otlmr person to any office 
in this state, for the purpose and with the intent to have such can¬ 
didate or person pay or in any manner compensate such person so 
offering for such work or services, shall be deemed guilty of a mis¬ 
demeanor. 

55. Every officer or clerk of election who changes or destroys 
or aids in changing or destroying, or in placing any ballots in the 
ballot box, or taking any therefrom, or adds or attempts to add any 
ballots to those legally polled at such election, either by fraudulently 
introducing the same into the ballot box before or after the ballots 
therein have been counted, or adds to or mixes with, or attempts 
to add to or mix with the ballots polled, any other ballots, while the 
same are being counted or canvassed, or at any other time, with in¬ 
tent to change the result of such election, or allows another to do 
so, when in his power to prevent it, or carries away or destroys, or 
knowingly allows another to carry away or destroy any poll list, 
ballot box or ballots, lawfully polled, is punishable by imprisonment 
in the state prison for not less than two nor mere than seven years. 

56. Every inspector, judge or clerk of an election, who, previous 
to putting the ballot of an elector in the ballot box, attempts to find 
out for whom such elector has voted, or who opens, or suffers the 
folded ballot of any elector which has been handed in, to be opened 
or examined, previous to putting the same into the ballot box, or 
who makes or places any mark or device on any folded ballot with 
the view to ascertaining for whom any elector has voted, or who 
without the consent of the elector, discloses the name of any person 
which such inspector, judge or clerk has fraudulently or illegally 
discovered to have been voted for by such elector, shall be punished 
by a fine of not less than fifty nor more than five hundred dollars. 

57. Every person who forges or counterfeits returns of an elec¬ 
tion purporting to have been held at a precinct, town, or ward where 
no election was in fact held, or wilfully substitutes, forges or coun¬ 
terfeits returns of election in the place of the true returns for a pre¬ 
cinct, town, or ward where an election was actually held, is punish¬ 
able by imprisonment in the state prison for a term of not less than 
fivo nor more than ten years. 

58. Every person who wilfully adds to or subtracts from the 
votes actually cast at an election, in any returns, or who alters such 


ELECTION LAWS ARIZONA 1913, AMENDED 


75 


returns, is punishable by imprisonment in the state prison for not 
less than one nor more than five years. 

59. Every person who aids or abets in the commission of any 
of the offenses mentioned in the four preceding sections, is punish¬ 
able by imprisonment in the county jail for the period of six months 
or in the state prison for not more than two years. 

60. Every person who, by force, threats, menaces, bribery, or any 
corrupt means, either directly or indirectly, attempts to influence any 
elector in giving his vote, or to deter him from giving the same, or 
attempts by any means whatever to awe, restrain, hinder, or dis¬ 
turb any elector in the free exercise of the right of suffrage, or de¬ 
frauds any elector at any such election by deceiving and causing 
such elector to vote for a different person for any office than he 
intended or desired to vote for; or who, being inspector, judge or 
clerk of any election, while acting as such, induces or attempts to 
induce any elector, either by menace or reward or promise thereof, 
to vote differently from what such elector intended or desired to 
vote, is guilty of a felony. 

61. Every person not entitled to vote who fraudulently votes, 
and every person who votes more than once at any election, or 
knowingly hands in two or more ballots folded together, or changes 
any ballot after the same has been deposited in the ballot box, or 
adds or attempts to add any ballot to those legally polled at any 
election, either by fraudulently introducing the same into the ballot 
box before or after the ballots therein have been counted; or adds 
to or mixes with, or attempts to add to or mix with, the ballots law¬ 
fully polled, other ballots, while the same are being canvassed or 
counted, with intent to affect the result of such election, or to pro¬ 
duce the same as evidence on the trial of any election contest, or 
carries away, conceals or removes any poll list, ballot or ballot box 
from the polling place or from the possession of the person or per¬ 
sons authorized by law to have the custody thereof, or destroys or 
attempts to destroy any polling list, ballot or ballot box for the pur¬ 
pose of breaking up or invalidating such election, or wilfully detains, 
mutilates or destroys any ballots or election returns, or who aids, 
counsels, procures, advises or assists any person or persons to do 
any of the acts aforesaid, is guilty of a felony. 

62. Any person who, at any election provided for by the laws 
of this state, shall interfere in any manner with any officer of such 
election in the discharge of his duty, or who shall induce any officer 
of any election or officer whose duty it is to ascertain, announce or 
declare the result of any such election, or give or make any cer¬ 
tificate, document or evidence in relation thereto, to violate or refuse 


76 


ELECTION LAWS ARIZONA 1913, AMENDED 


to comply with his duty or any law regulating the same, is guilty 
of a felony, 

63 . Every person not entitled to vote, who fraudulently attempts 
to vote, or who being entitled to vote, attempts to vote more than once 
at any election, is guilty of a misdemeanor 

64 . Every person who procures, aids, assists, counsels or ad¬ 
vises another to give or offer his vote at any election, knowing that 
such other person is not entitled to vote, is guilty of a misdemeanor. 

65 . Every person charged with the performance of any duty 
under the provisions of any law of this state relating to elections, 
who wilfully neglects or refuses to perform it, or who, in his official 
capacity, knowingly and fraudulently acts in contravention or vio¬ 
lation of any of the provisions of such laws, is, unless a different 
punishment for such acts or omission is prescribed by this code, 
punishable by a fine of not more than one thousand dollars, or by 
imprisonment in the state prison not exceeding five years, or both. 

66. The provisions of this title defining crimes against the elec¬ 
tive franchise, and prescribing penalties and punishment therefor, 
shall be made to apply to any general or special election, or to any 
election ordered by the board of supervisors for any purpose for 
which said board of supervisors are authorized by law to order an 
election. 

711. It shall be unlawful for any person to induce or compel, 
or attempt to induce or compel, by menace or threat, either directly or 
indirectly, any other person to sign or subscribe, or to refrain from 
signing or subscribing his name to any initiative, referendum, or 
recall petition, or petition to any officer or official body, or, after 
signing or subscribing his name, to have his name taken therefrom. 
Any direct or indirect menace or threat that any person will or may 
be injured in his business or discharged from any lawful employment 
in which he is engaged, or will not or shall not be employed in any 
lawful vocation or labor, shall be deemed a violation of this act. 
(Sec. 711.) 

712 . Any person who shall violate any of the provisions of this 
act (Sec. 711) shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not more than one 
thousand dollars, or by imprisonment in the county jail for not more 
than six months, or by both such fine and imprisonment. 


INDEX 

TO ELECTION LAWS, CIVIL CODE 


ELECTION Par. Page 

Ballot arrangement of candidates on . 2930 21 

... 2931 22 

Ballot box not to be removed from polling place. 2947 26 

Ballot bcx to be opened and inspected before voting 

commences . 2947 26 

Ballot for candidates for presidential electors . 2934 22 

Ballot for, how prepared and printed . 2925 20 

Ballot, form of . 2932 22 

Ballot having distinguishing mark on, must be rejected ... 2982 35 

Ballot of person against whom challenge sustained to be 

destroyed ..... 2962 30 

Ballots constitutional amendments and other proposition, 

how placed on . 2929 21 

Ballots for, how headed. 2927 21 

Ballots, how counted . 2991 36 

.t... 2992 36 

Ballots, how printed and distributed . 2923 20 

Ballots, number of to be furnished in each precinct. 2942 24 

Ballots of voters suffering from disability, how marked.... 2958 20 

Ballots, on what kind of paper to be printed . 2926 20 

Ballots, stubs of . 2928 21 

Ballots to be bound together in blocks . 2936 23 

Ballots to be opened on opening of polls . 2946 26 

Ballots to be strung after counting . 2993 36 

Ballots, when and how delivered to election officers. 2944 25 

Board of, appointed how . 2916 19 

Board of supervisors may adjourn until returns of, re¬ 
ceived .....".. 3004 38 

Board of supervisors must meet to canvas returns of.... 3003 38 

Board of supervisors to appoint when . 2917 19 

Board of supervisors to establish precinct for . 2913 18 

Board of supervisors to furnish supplies for. 2953 27 

Canvass of returns of, how made . 3005 38 





























11 


INDEX 


ELECTION Par. Page 

Canvass of returns, record of .. 3006 38 

Certificate of registration, form of . 2906 16 

Certificate of registration, fraudulent use of, felony. 2909 18 

. 2910 18 

Certificate of registration, holder of may vote, how. 2907 17 

Certificate of registration, how issued . 2904 16 

Certificate of registration to be issued in duplicate . 2905 16 

Certificate of registration, when may be issued. 2903 15 

Certificate of result of, to be mailed to board of super¬ 
visors .-. 2995 37 

Certificate of, to be delivered to person elected . 3008 39 

Challenge of voter, how determined . 2961 30 

Challenge to person refusing to take oath to be sus¬ 
tained ,. 2963 30 

Challenger for each political party to be present at. 2925 20 

Challenges of voters, list to be kept of . 2967 31 

Challenging voters, grounds of . 2960 30 

Change of registration of voter from one precinct to an¬ 
other . 2889 11 

Clerks of, how appointed . 2921 19 

. 2950 26 

Clerks to keep list of persons voting at. 2957 29 

Constitutional amendment and other proposition, how 

placed on ballot . 2935 28 

Corporation not to make contribution for purpose of in¬ 
fluencing .3058 64 

. 3059 65 

County, precinct and municipal, how contested . 3065 67 

. 3066 68 

Decision as to disputed ballot to be noted by election 

board . 2985 35 

Defective ballots, how preserved . 2959 29 

Destroying or effacing official ballots, etc., misdemeanor 2972 33 

Duties of inspector at . 2919 19 

Electioneering not to be done at polling place or within 

one hundred and fifty feet . 2968 32 

Electioneering within prohibited limit, misdemeanor. 2970 32 

Electors exempt from military duty, when . 2875 5 

Electors privileged from arrest, when . 2874 5 

Employer not to make deduction from wages of em¬ 
ployee for time taken for voting . 2969 32 


































INDEX III 

ELECTION Par. Page 

Employer to permit employees period of two hours in 

which to vote . 2969 32 

Endorsement of rejected ballots . 2983 35 

Fifty-foot limit . 2952 27 

For presidential electors, when held . 2867 3 

For United State senator, when held . 2868 3 

General, when held . 2866 3 

Governor to issue proclamation for general . 2871 4 

Inspector to retain copy of poll and tally list . 2997 37 

Instructions to voters at . 2943 24 

Intoxicating liquor not to be introduced in polling places 2974 33 

Judges, names of candidates for, where placed on ballot 2939 23 

List to be signed by election board after count of ballots 2994 37 

Lists or certificates not to be set aside for want of form 2977 35 

Marshal, duties of . 2951 26 

Marshal, how appointed . 2951 26 

Mutilating or destroying instructions to voters or list of 

candidates, misdemeanor . 2971 33 

Name of person designated on ballot for office more 

than once, to be counted but once . 2981 35 

Neglect of duty by officers, misdemeanor . 2973 33 

Notice of voters at . 2941 23 

Oath of officers of . 2922 20 

Of candidates failing to make full and correct statement 

of expenditures void . 3038 56 

Officer of, how appointed to fill vacancy . 2918 19 

Officer of, may administer oath . 2920 19 

Officers of, to be paid by county. 2877 4 

Person not to vote at, unless registered . 2901 15 

Person receiving highest number of votes at, elected. 2873 4 

Person receiving highest number of votes at, must be 

declared elected . 3007 38 

Poll list, form of . 2975 33 

Poll list to be signed by election board . 2990 36 

Polling places, how arranged . 2953 27 

Polling places, designation of where board fails to desig¬ 
nate . 2915 18 

Polls to be opened when.,. 2945 26 

Precinct register for new precinct . 2890 12 

Precinct registear of voters . 2886 9 

Precinct register to be returned to county recorder . 2996 37 

Precinct register to be sent to precinct . 2895 14 

Preservation and return of rejected ballots . 2884 35 



































IV 


INDEX 


ELECTION Par. Page 

Primary, how contested . 3070 68 

Proceedings on, contest of . 3067 08 

to . 3069 68 

Proceedings when ballot exceed number of names on, 

poll list . 2989 36 

Proclamation of governor to be forwarded to board of 

supervisors . 2872 4 

Proclamation on opening the polls . 2948 26 

Qualification of voters . 2879 5 

Qualification of voters for registration, how determined 2892 12 

Registration of voters, blanks for . 2882 6 

Registration of voters, books for . 2881 5 

Registration of voters by affidavit . 2887 10 

Registration of voters, by whom made . 2883 8 

Registration of voters, change of from one county to an¬ 
other . 2889 11 

Registration, of voters, general register . 2886 9 

Registration of voters, how made . 2885 8 

Registration of voters outside county or state by affi¬ 
davit . 2893 13 

Registration of voters, precinct register . 2886 9 

Registration of voters, to close when . 2894 13 

Registration of voters, when made . 2880 5 

Registration of voters, when to be cancelled . 2897 14 

Residence of voter, term of, how computed . 2965 31 

Returns of, not void for informality or defect . 3009 39 

Returns of, one package to be delivered to county treas¬ 
urer . : . 3000 37 

. 3001 38 

Returns of, one package of to be returned by board of 

supervisors . 3002 38 

Returns of to be forwarded to clerk of board of super¬ 
visors . 2998 37 

. 2999 37 

Returns to be enclosed in envelope . 2995 37 

Rules for determining residence of voters . 2964 30 

Rules for determining residence of voters to be read to 

voter . 2966 31 

Sample ballot, how printed and distributed . 2937 23 

. 2938 23 

Special, to fill vacancy in office of United States sen¬ 
ator . 2870 3 

Special, to fill vacancy, when held . 2869 3 



































INDEX 


V 


Par. Page 

Spoiled ballot . 2956 29 

State, how contested . 3060 65 

to . 3064 66 

Supplies for, to be furnished by county . 2878 4 

Tally list, form of . 2976 34 

Tally list to be attached to poll list . 2994 37 

Two or more ballots folded together must be destroyed, 

w T hen . 2988 36 

Voter exhibiting ballot, misdemeanor . 2970 32 

Voter marking more names than officers to be chosen, 

ballot not to be counted . 2979 35 

Voter not to make distinguishing mark on ballot . 2968 32 

Voter not to receive official ballots except from judges.. 2968 32 

Voter not to show ballot . 2968 32 

Voter may vote for candidates of political party at top 

of column . 2940 23 

Voters not to register outside precinct of residence .2891 12 

Voters to deliver certificate of registration to election 

board ..'.. 2912 18 

Votes, canvass of, how commenced . 2987 36 

Votes to be counted at close of polls. 2986 36 

Voting at, how conducted . 2954 28 

. 2955 28 

Voting to commence as soon as polls are opened . 2949 26 

Written name to prevail over printed on ballot . 2980 35 






























' 









































































. 







































































































INDEX 

TO ELECTION LAWS, PENAL CODE 


Page 

Adding or subtracting ballots .. 74 

Altering returns of . 74 

Asking for money or other thing from candidate . 74 

Betting on, forbidden . 71 

Breaking up or disturbing political meeting.!... 73 

Bribery of officers of political committee, etc . 73 

Candidate, making bet on election . 71 

Contributing money for purpose of bribery . 69 

Contributions of money for . 74 

Corporation not to influence political action of employees. 72 

Destroying ballot box, poll lists, etc . 74 

Destruction or alteration of ballots . 74 

Employer not post notices respecting result of election . 71 

Employer not to threaten to reduce wages in event of election 72 
Employer not to use pay envolope containing political matters 72 

False registration . 69 

Forging or counterfeiting returns of . 74 

Fraudulent attempt to vote . 75 

Fraudulent voting . 75 

Furnishing entertainment to voters . 70-71 

Furnishing money for purpose of procuring attendance of voters 71 

Furnishing money to promote election of candidate . 70 

General laws apply to special . 76 

Inducing person to vote or refrain from voting . 70 

Interfering with or destroying ballot box, poll list, etc . 74 

Interfering with ballots . 74 

Interfering with officers of election . 75-76 

Inducing officers to wrongfully declare result .. 75-76 

Making bet for purpose of challenging voter . 71 

Making bet on result of . 71 

Offering to work for candidate for compensation . 73 

Officers of, attempting to ascertain for whom elector has voted 74 
Officers of, disclosing for whom elector has voted . 74 
































VIII 


INDEX 


Page 

Officers of, opening folded ballot .. 74 

Officers of, placing mark on abllot . 74 

Preventing voters from attending election . . 71 

Printing ballots not conforming to law ... 73 

Refusal to testify before election board . 69 

Refusal to obey summons of election board .. 69 

Selling intoxicating liquors during . 73 

Substituting false returns of .. 74 

Threats or intimidation forbidden . 71 

Violation of duty under election laws . 76 

Voter, receiving or agreeing to receive consideration for voting 

or refraining from voting . 70 

Voting more than once . 76 

















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